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JOHN  PETER  ZENGER 


yohn  Peter  Zenger 

His  Press,  His  Trial 

AND 

A  BIBLIOGRAPHY  OF  ZENGER 
IMPRINTS 

BY 

LIVINGSTON  RUTHERFURD 

ALSO 

A  Reprint  of  the  First 
Edition   of  the  Trial 


NEW  YORK 

DODD,  MEAD  &  COMPANY 

M   C   M    I  V 


Copyright,  1904,  by 
DoDD,  Mead  &  Company 


TO 

C.  S.  F.  S. 


PUBLISHER'S  NOTE 


The  Publishers  make  grateful  acknowledgment  to  the  New  York 
Public  Library  for  permission  to  copy  the  portraits  of  Rip 
Van  Dam  and  Lewis  Morris  and  to  make  use  of  its  valu- 
able collection  of  Zenger  imprints;  to  the  Pennsyl- 
vania Historical  Society  for  permission  to  copy 
the  portrait  of  Andrew  Hamilton,  repro- 
duced as  frontispiece ;  and  to  other 
persons  and  public  libraries  for 
theirassistance  in  the  prepa- 
ration of  the  bibliogra- 
phy of  the  issues 
ofthe  Zeng- 
er Press 


PREFACE 

HILE  the  events  herein  related  are, 
perhaps,  not  as  generally  known  as 
they  should  be,  nevertheless,  consti- 
tuting as  they  do  the  earliest  warning 
of  the  coming  Revolution,  they  are 
of  interest  and  importance  in  the  study  of  the  de- 
velopment of  the  Nation. 

The  editor  wishes  to  state  that  he  is  under  great 
obligations  to  the  late  Paul  Leicester  Ford  for  the 
loan  of  Charles  R.  Hildeburn's  notes,  which  form  the 
basis  of  the  Bibliography  of  the  different  Zenger 
presses,  and  to  Miss  Robinson,  of  the  American  Anti- 
quarian Society ;  Mr.  Eames,  of  the  New  York  Pub- 
lic Library,  and  Mr.  Kelby,  of  the  New  York  His- 
torical Society. 

The  following  abbreviations  have  been  used  in 
the  Bibliography  : 

B.M.  British  Museum. 

ix 


PREFACE 

B.  P.L.  Boston  Public  Library. 

C.  E.N.  Charles  Eliot  Norton,  Cambridge,  Mass. 
C.H.S.  Connecticut  Historical  Society. 

E.D.C.  E.  Dwight  Church,  New  York. 

H.S.P.  Historical  Society  of  Pennyslvania. 

L.  New  York  Public  Library,  Lenox  Collection. 

L.C.P.  Library  Company  of  Philadelphia. 

H.U.  Harvard  University. 

N.J.H.S.  New  Jersey  Historical  Society. 

N.J.S.L.  New  Jersey  State  Library. 

N.Y.H.S.  New  York  Historical  Society. 

N.Y.S.L.  New  York  State  Library. 

W.N.  William  Nelson,  Paterson,  N.  J. 

Ed.  Editor. 

No  effort  has  been  made  to  locate  all  known 
copies. 


TABLE  OF  CONTENTS 

CHAPTER  I 

Political  Conditions.  Arrival  of  Cosby,  His  Charac- 
ter. Litigation  with  Rip  Van  Dam.  Erection 
of  the  Court  of  Exchequer.  The  Removal  of 
Lewis  Morris  from  the  Bench.  Partisanship  of 
DeLancey  and  Philipse,  Termination  of  Van 
Dam's  Case.  Complaints  against  Cosby.  His 
Increasing  Unpopularity.    Political  Parties.  .    .  i 

CHAPTER  II 

Extent  of  the  City  in  1734.  John  Peter  Zenger. 
Commencement  of  the  New  York  Weekly  Jour- 
nal. Contributors.  Character  of  the  Articles. 
DeLancey's  first  Charge  on  Libels.  The  Inci- 
dent of  Harison's  Letter.  Speeches  before  the 
Assembly.  City  Election.  Songs  on  the  Elec- 
tion. DeLancey's  Second  Charge  on  Libels. 
Burning  of  the  Songs.  Reward  offered  by  Cosby. 
Burning  of  the  Journals.  Arrest  of  Zenger.  Dis- 
barment of  Alexander  and  Smith.  Their  Com- 
plaint. John  Chambers  Appointed  Counsel  for 
Zenger.    Andrew  Hamilton  Retained  for  Zenger.  25 


xi 


CONTENTS 

CHAPTER  III  p^j.^ 

The  Trial.  Names  of  the  Jury.  The  Alleged  Libel- 
lous Articles.  The  Trial.  The  Acquittal.  Hamil- 
ton presented  with  the  Freedom  of  the  City. 
Zenger's  subsequent  Career.  His  Descendants. 
Effect  of  the  Trial  on  the  Law  of  Libel  and  on 
Popular  Government  60 

CHAPTER  IV 

Bibliography  of  the  Issues  of  the  Zenger  Press,  1725— 

 133 

CHAPTER  V 

Literal  Reprint  of  the  First  Edition  of  the  Trial.  .  .171 

CHAPTER  VI 

Bibliography  of  the  Trial  of  John  Peter  Zenger.    .    .  247 

CHAPTER  VII 

List  of  Issues  of  the  New  York  Weekly  Journal.  .  257 
Index  269 


^    4^     B*    ^     ^  fe7 


ILLUSTRATIONS 

[All  the  initial  letten  and  head-  and  tail-piecej  used  in  these  volumes  are  reproductions  from 
issues  of  the  Zenger  Press.] 

FACING  PAGE 


I  Portrait  of  Andrew  Hamilton      ....  Title 

II  Portrait  of  James  Alexander   lo 

III  Portrait  of  Rip  Van  Dam   i6 

IV  Portrait  of  Lewis  Morris   28 

V  One  of  the  Songs  Ordered  to  be  Burnt      .    .  38 

VI  Proclamations  of  Governor  Cosby     ....  42 

VII  Proclamations  of  Governor  Cosby     ....  44 

VIII  Power  of  Attorney  Signed  by  Zenger     ...  46 

IX  Order  Disbarring  James  Alexander  and  Wil- 
liam Smith   50 

x  First  Page  of  the  A''.  T.  Weekly  Journal^  No.  vii  64 

XI  Document  Signed  by  Governor  Cosby  ...  86 

xn  Letter  Signed  by  Rip  Van  Dam   116 

XIII  Letter  from  Hamilton  to  Alexander  .    .    .  .128 

XIV  Letter  from  Zenger  to  Hamilton   132 

XV  Klagte — Bradford  and   Zenger,  1725  (Title- 

page)   136 

xiii 


ILLUSTRATIONS 

FACING  PAGC 

XVI  The  Charter  of  the  City  of  New  York — Zenger, 

1735  (Title-page)  152 

XVII  A  Brief  Narrative  of  the  Case  and  Tryal  of 

John  Peter  Zenger,  etc.,  1736  (First  page)  .  246 


ACCOUNT  OF  POLITICAL  CONDITIONS, 
ZENGER'S  PRESS  AND  TRIAL 


CHAPTER  I 


POLITICAL  CONDITIONS  GOVERNOR  COSBY'S  ARRIVAL 

 HIS  INCREASING  UNPOPULARITY 

IFTER  the  English  occupation  of 
New  York,  in  1664,  the  inhabitants 
of  the  colony  found  themselves  op- 
pressed by  a  government  that  was 
arbitrary  and  despotic  in  its  charac- 

  ter.     Grants  of  revenue  were  made 

generally  for  the  use  of  the  Crown,  the  revenues 
were  disbursed  by  the  governors,  practically  as  they 
saw  fit,  and  the  people  could  not  compel  them  to 
account.  The  governor  was  vested  with  power  to 
convene  and  dissolve  the  Assembly  at  pleasure,  and 
was  given  an  absolute  negative  on  the  acts  of  the 
Assembly.  The  fiscal  officer  was  the  receiver-gen- 
eral, who  was  responsible  only  to  his  superiors  in 
London.  The  salaries  of  royal  governors  and  judges 
were  fixed,  and  so  long  as  they  were  promptly  re- 
ceived these  officials  paid  but  little  attention  to  the 
needs  of  the  people  and  the  development  of  the 
Colony. 

The  people,  through  their  Assemblies,  demanded 
that  this  state  of  affairs  be  radically  changed.  They 


3 


JOHN  PETER  ZENGER 

asked  that  revenue  grants  should  be  limited  to  spe- 
cific purposes  only  ;  that  the  money  levied  should 
be  confided  to  an  officer  responsible  to  the  legisla- 
ture ;  that  the  revenue  should  be  granted  from  year 
to  year,  and  that  the  salaries  of  governors  and  judges 
should  be  dependent  annually  upon  popular  content- 
ment. These  proposed  changes  constituted  a  great 
invasion  of  the  prerogatives  of  the  Crown,  and  were 
long  and  stubbornly  resisted  both  by  the  governors 
and  the  colonial  authorities  in  London.  The  people 
just  as  stubbornly  insisted  upon  acquiescence  in  their 
demands,  as  they  saw  in  this  legislation  their  only 
safeguard  against  the  avaricious  character  of  the 
men  appointed  to  govern  the  country,  and  the  form 
of  government  which  they  administered. 

The  contest  thus  early  commenced  continued 
throughout  the  colonial  period,  and  as  the  same 
questions  came  up  for  settlement  in  the  other  colo- 
nies the  country  gradually  became  united  in  its  de- 
mands, and  the  spirit  of  the  people  grew  bolder,  un- 
til finally  the  unjust  measures  of  Parliament  were 
more  than  sufficient  to  kindle  the  long  smoldering 
fires  of  revolt  into  the  blaze  of  open  rebellion. 

The  period  covered  by  the  administration  of 
William  Cosby  as  governor,  from  1732  to  1736,  was 
marked  by  a  series  of  arbitrary  acts  which  nearly 
produced  a  revolution,  and  which  developed  a  hos- 
tility of  political  feeling  almost  as  bitter  as  any  which 
our  generation  has  experienced.  The  oppressions 
culminated  in  the  trial  of  John  Peter  Zenger,  which 
was  one  of  the  most  stirring  incidents  of  colonial 
days.  Its  results  were  of  greater  magnitude  than  any 


4 


JOHN  PETER  ZENGER 


of  the  participants  could  have  imagined.  It  estab- 
lished the  freedom  of  the  press  in  North  America, 
it  wrought  an  important  change  in  the  law  of  libel, 
and  marked  the  beginning  of  a  new  era  in  popular 
government.  It  came  about  under  the  following 
circumstances. 

On  the  death  of  Governor  John  Montgomerie  on 
the  first  day  of  July,  1731,  after  an  uneventful  ad- 
ministration of  about  three  years.  Rip  Van  Dam  as 
senior  councillor,  according  to  a  well-established  cus- 
tom, succeeded  to  the  office  of  governor  until  the 
arrival  of  the  new  appointee.  Van  Dam  was  a  mem- 
ber of  an  old  Dutch  family,  and  was  born  in  Albany 
about  1662.  He  was  bred  to  the  sea  and  made 
a  voyage  to  Jamaica  in  1686.  For  many  years  he 
carried  on  a  shipyard  with  his  partner,  James  Mills, 
in  the  rear  of  Trinity  Church,  and  was  interested  in 
several  vessels.  In  1690  he  was  one  of  the  petition- 
ers for  relief  from  the  arbitrary  measures  of  Leisler. 
He  was  Assistant  Alderman  from  1693  to  1696,  and 
was  commissioned  a  member  of  King's  Council  in 
1702  under  Governor  Cornbury,  and  held  the  office 
for  thirty-three  years.  He  was  appointed  a  master 
in  Chancery  in  171 1,  and  again  in  1720.  He  mar- 
ried in  1684  Sara  Vanderspeigel,  and  died  June  10, 
1749.  He  was  the  last  native  of  New  York  of 
Dutch  extraction  who  presided  at  Council  under 
English  rule,  and  to  his  Dutch  blood  may  be  attrib- 
uted the  pertinacity  which  he  displayed  in  his  con- 
test with  Governor  Cosby.  Smith,  the  historian, 
says,  "  Van  Dam  was  an  eminent  merchant  of  a  fair 
estate,  though  distinguished  more  for  the  integrity 


5 


JOHN  PETER  ZENGER 


of  his  heart  than  for  his  capacity  to  hold  the  reins 
of  government."  He  performed  the  duties  of  gov- 
ernor for  thirteen  months,  and  his  administration, 
though  short,  was  peaceful  and  popular.  At  the 
close  of  his  term  warrants  were  passed  by  Council 
giving  him  the  salary  and  fees  of  the  office  received 
during  the  period  of  his  incumbency. 

William  Cosby,  the  new  governor,  was  the  tenth 
son  of  Alexander  Cosby  of  Stradbally  Hall,  Queens 
County,  Ireland.  He  had  been  Equerry  to  the 
Queen,  and  was  Colonel  of  the  Royal  Irish  Regi- 
ment, and  retained  his  rank  when  he  received  his 
appointment  as  governor.  He  arrived  in  New  York 
on  the  first  day  of  August,  1732,  on  His  Majesty's 
Ship,  "  Seaford."  James  Alexander  had  previously 
written  Cadwallader  Colden  about  him,  saying : 

"  Our  Doubts  about  our  Governor  are  now  Re- 
solved, Coll.  Cosby  having  kist  the  King's  hand  for 
New  York  and  New  Jersey  in  January  Last,  and  has 
sent  his  private  Secretary  and  some  other  servants  to 
prepare  the  house  and  all  things  for  him.  The  Gov- 
ernor was  to  Sail  the  tenth  of  this  month,  and  pro- 
poses to  be  here  in  May,  He  is  a  man  about  45 
and  gay — has  the  Earl  of  Halifax's  Sister  for  his  wife, 
2  daughters  almost  women  and  a  son." 

Cosby  wrote  to  Van  Dam  about  this  time,  say- 
ing :  **  I  shall  be  much  obliged  to  you  if  you  give 
Orders  that  care  be  taken  of  the  Garden,  and  proper 
things  be  sow'n  in  for  the  Season  ;  and  care  also  be 
taken  of  Nutton  Island  and  the  Game  preserved." 

Cosby  probably  owed  his  appointment  to  the  in- 
fluence of  the  Duke  of  Newcastle.    He  had  not 


6 


JOHN  PETER  ZENGER 

long  before  been  removed  from  the  governorship  of 
the  Island  of  Minorca,  where  he  had  made  himself 
intensely  unpopular  by  his  appropriation  of  the  rev- 
enues, and  where  he  had  become  involved  in  serious 
litigation  by  his  arbitrary  confiscation  of  the  prop- 
erty of  a  Spanish  merchant,  made  prior  to  a  decla- 
ration of  war  between  England  and  Spain.  He  sold 
part  of  the  property  and  retained  the  proceeds,  se- 
creted the  papers  in  the  case  and  denied  the  injured 
merchant  the  right  of  appeal.  He  was  a  man  of 
limited  education  ;  he  lacked  prudence  and  intelli- 
gence, and  did  not  distinguish  between  power  and 
right.  He  was  avaricious,  and  his  only  idea  of  diplo- 
macy was  superior  force.  His  disposition  was  haughty 
and  pompous,  and  he  was  possessed  of  a  violent  tem- 
per, over  which  he  exercised  little  or  no  control. 

In  colonial  days  the  arrival  of  a  governor  was  a 
most  important  event;  he  was  the  direct  representa- 
tive of  the  King,  his  influence  and  authority  were 
all-powerful,  and  the  prosperity  of  the  people  was 
directly  dependent  upon  his  policy.  We  can,  there- 
fore, understand  the  anxiety  with  which  the  people 
awaited  Cosby's  coming,  especially  as  they  had  heard 
rumors  of  his  maladministration  at  Minorca.  Yet 
he  was  warmly  welcomed.  The  Boston  Weekly 
News  Letter  says : 

"On  Tuesday  last  his  Excellency  William  Cosby, 
Esq ;  Governour  of  this  Province,  arrived  at  Sandy 
Hook  in  his  Majesty's  Ship  Seaford,  Capt.  Long,  Com- 
mander, in  seven  Weeks  from  Great  Britain,  and  landed 
here  about  i  o  o' Clock,  in  the  evening,  and  was  received 
at  the  Waterside  by  several  Gentlemen,  who  attended 


7 


JOHN  PETER  ZENGER 

him  to  the  Fort.  The  next  Day  between  the  Hours 
of  1 1  &  1 2  his  Excellency  walked  to  the  City  Hall, 
(a  Company  of  Halbertiers  &  a  Troop  of  Horse  march- 
ing before,  and  the  Gentlemen  of  this  Majesty's  Coun- 
cil, the  Corporation,  and  a  great  number  of  Gentle- 
men and  Merchants  of  this  City  following,  the  Streets 
being  lin'd  on  each  side  with  the  Militia)  where  his 
Commission  was  published,  and  then  his  Excellency 
returned  (attended  as  before)  to  the  Fort.  The 
Militia  then  drew  up  on  the  Parade  and  saluted  him 
with  three  Vollies." 

The  Assembly  met  and  voted  him  a  salary  of  fifteen 
hundred  pounds  and  gave  him  a  gratuity  of  seven  hun- 
dred and  fifty  pounds  for  his  alleged  services  in  procur- 
ing the  repeal  of  a  sugar  bill  which  was  considered 
detrimental  to  the  interest  of  the  middle  colonies. 

The  affairs  of  the  Colony  were  peaceful  and  the 
people  hoped  for  a  quiet  administration.  But  they  were 
soon  disappointed.  When  Cosby  was  told  by  Lewis 
Morris,  Chief  Justice  of  the  Supreme  Court,  about  his 
present  from  the  Assembly,  he  became  angered  at  the 
smallness  of  the  gift  and  shouted  violently,  "  Damn 
them,  why  didn't  they  add  the  shillings  and  pence  ? 
Do  they  think  I  came  here  for  money?  I'll  show  them." 

The  Assembly  afterwards  raised  the  amount  to  one 
thousand  pounds.  This  incident  showed  the  real  char- 
acter of  the  man,  for  it  seems  extremely  doubtful 
whether  he  contributed  in  any  way  to  the  repeal  of  the 
bill,  and  by  the  King's  instructions  he  was  forbidden 
to  take  any  presents  whatsoever  frorn  the  Assembly. 

Within  a  short  time  after  his  arrival  Governor 
Cosby  produced  a  royal  order  dated  May  31,  1732, 

8 


JOHN  PETER  ZENGER 


which  gave  him  one-half  of  the  salary,  perquisites 
and  emoluments  of  the  office  from  the  time  of  his 
appointment  until  he  arrived  in  America.  He  served 
a  copy  on  Van  Dam,  who  conceived  he  had  a  right 
to  retain  what  he  had  collected,  and  at  first  refused 
to  pay  over  anything  unless  compelled  by  due  course 
of  law.  It  was  alleged  by  Van  Dam  that  the  salary 
and  perquisites  annexed  to  such  an  office  passed  with 
the  office,  and  that  the  person  on  whom,  by  law,  the 
burden  of  the  office  was  laid,  was  entitled  to  its  ben- 
efits. The  people  considered  the  order  a  piece  of 
favoritism  in  behalf  of  a  royal  appointee  against  a 
native  of  the  Colony,  and  their  sympathies  were  im- 
mediately aroused  in  favor  of  Van  Dam. 

Later,  Van  Dam  expressed  his  willingness  to 
comply  with  the  order  provided  that  Cosby  would 
account  for  what  he  had  received,  alleging  that  Cosby 
had  collected  some  six  thousand  pounds  more  than 
had  come  into  his  hands,  and  really  owed  him  three 
thousand  pounds.  Cosby  declined  to  accept  this 
proposition,  and  Van  Dam  retained  what  he  had  col- 
lected. Cosby  then  determined  to  sue,  but  he  was 
puzzled  to  know  just  how  to  proceed.  The  matter 
was  one  of  account  and  could  not  be  brought  in  the 
Supreme  Court,  as  it  possessed  no  equity  jurisdiction. 
He  could  not  sue  in  Chancery  as  he  himself  was 
chancellor,  while  a  suit  at  common  law  would  ad- 
mit of  a  set-off  by  Van  Dam,  and  he  was  afraid  lest 
a  jury  would  render  a  popular  verdict  against  him. 
Cosby,  therefore,  by  an  ordinance  dated  December 
4,  1732,  attempted  to  give  the  Judges  of  the  Supreme 
Court  authority  to  hear  causes  as  Barons  of  the  Ex- 


9 


JOHN  PETER  ZENGER 

chequer,  and  directed  Richard  Bradley,  the  Attor- 
ney-General, to  bring  an  action  there  in  the  King's 
name,  although  Cosby  was  the  person  beneficially 
interested  in  the  result.  The  people  had  always  been 
most  firmly  opposed  to  the  erection  of  a  court  of 
Equity  without  consent  in  general  Assembly,  and 
former  assemblies  had  in  1702,  1708,  171 1  and  1727 
passed  resolutions  condemning  in  the  strongest  terms 
the  erection  of  such  a  court.  Therefore,  the  pass- 
ing of  this  ordinance  merely  to  serve  the  purpose  of 
an  avaricious  governor,  became  at  once  the  basis  of 
union  for  the  opposition  to  Cosby's  administration. 

The  proceedings  which  followed  are  interesting 
not  only  as  leading  directly  to  the  trial  of  Zenger, 
but  from  the  prominence  of  the  persons  connected 
with  them. 

Lewis  Morris,  who  was  Chief  Justice  of  the  Su- 
preme Court,  was  a  son  of  Richard  Morris  of  Moi- 
risania,  and  one  of  the  most  distinguished  men  of 
his  time.  He  was  born  in  1671,  and  early  entered 
upon  an  active  public  career.  He  represented  the 
Borough  of  Westchester  in  the  Assembly  from  1 71 1 
to  1738,  or  twenty-seven  years,  a  much  longer  pe- 
riod than  any  other  citizen  has  ever  been  returned 
to  that  body  by  his  constituents.  He  was  a  member 
of  Council  from  1721  to  1729,  Boundary  Commis- 
sioner in  1723  and  Chief  Justice  of  the  Supreme 
Court  from  171 5  to  1733,  Judge  of  the  Court  of 
Admiralty  for  nearly  fifteen  years  and  Governor  of 
New  Jersey  from  1738  to  1746.  He  was  a  man  of 
great  intellectual  power,  bold  and  fearless  in  his 
manner,  and  his  temper,  though  hasty,  was  well  con- 


JOHN  PETER  ZENGER 

trolled.  He  married,  in  1691,  Isabella,  daughter  of 
James  Graham,  who  was  Attorney  General  and  a 
member  of  Council.  Their  many  descendants  have 
always  been  prominent  in  state  and  national  affairs 
for  their  ability  and  patriotism. 

James  Delancey,  second  justice  of  the  Supreme 
Court,  born  in  1703,  was  a  son  of  Etienne  DeLan- 
cey  and  Anna  Van  Cortlandt.  He  was  appointed  a 
member  of  Council  in  1729  on  the  death  of  his 
uncle,  John  Barbarie,  and  held  office  for  twenty- 
four  years.  He  was  Chief  Justice  of  the  Supreme 
Court  from  his  appointment  in  1733  until  his  death, 
Lieutenant  Governor  in  1753,  and  Governor  in 
1755.  He  was  a  man  of  education  and  ability,  and 
his  arbitrary  rulings  in  the  Van  Dam  and  Zenger 
cases  can  scarcely  be  reconciled  with  his  subsequent 
conduct  as  Governor,  except  on  the  score  of  the 
most  bitter  partisanship. 

Frederick  Philipse,  third  justice,  also  held  his 
position  from  his  appointment  for  the  remainder  of 
his  life.  He  was  born  in  Barbadoes  and  married  a 
daughter  of  Anthony  Brockholst.  He  died  in  1 75 1 . 
He  is  said  to  have  been  a  worthy  gentleman  of 
plentiful  fortune,  "  though  with  no  pretensions  to 
learning  of  any  kind." 

James  Alexander,  counsel  for  Van  Dam  and  later 
for  Zenger,  was  born  in  Scotland  in  1691,  and  came 
to  New  York  in  171  5,  where  he  began  the  study  of 
the  law.  By  his  industry  and  application  he  soon 
rose  to  a  high  place  in  the  profession.  He  was  At- 
torney General  in  1721,  and  member  of  Council 
from  1 72 1  to  1737,  and  from  1750  to  1756.  He 

1 1 


JOHN  PETER  ZENGER 


was  elected  to  the  Assembly  in  1737,  and  was  a 
member  of  Council  for  New  Jersey  from  1722  until 
his  death.  He  was  one  of  the  founders  of  the 
American  Philosophical  Society  and  was  prominently 
connected  with  every  public  enterprise  of  his  day. 
Smith  says,  **  Though  no  speaker,  he  was  at  the  head 
of  his  profession  in  sagacity  and  penetration,  and  in  the 
application  of  business  no  man  could  surpass  him." 

He  was  a  man  of  great  depth  of  mind,  and  boldly 
espoused  the  side  of  the  people  in  their  fight  against 
Cosby.  Though  he  was  well  known  as  a  man  of 
ability  and  integrity  in  both  New  York  and  New 
Jersey,  yet  Cosby  wrote  the  London  Board  of  Trade 
urging  his  removal  from  Council,  saying,  "  He  is 
very  obnoxious  to  most  in  the  Council  as  well  as  to 
every  honest  man  in  both  Provinces  having  the  char- 
acter of  a  very  tricking  dishonest  man,  and  therefore 
very  unfit  to  sit  in  King's  Council." 

William  Smith,  also  counsel  for  Van  Dam  and 
Zenger,  was  born  in  England  in  1 697,  and  it  is  said 
that  he  came  to  New  York  in  the  same  ship  with 
Alexander.  He  too  became  prominent  in  the  pro- 
fession of  the  law  as  a  man  of  talent  and  integrity. 
He  was  appointed  Recorder  September  30,  1736,  and 
one  of  the  incorporators  of  Princeton  College  in  1746. 
He  was  appointed  Attorney  General  in  1751,  mem- 
ber of  Council  from  1753  to  1767,  and  Justice  of 
the  Supreme  Court  from  1763  to  1769. 

Richard  Bradley,  the  Attorney  General,  was  ap- 
pointed in  1723,  and  held  office  until  his  death  in 
1752.  But  he  early  fell  under  the  displeasure  of  the 
Assembly,  as  they  considered  "  he  was  in  the  habit 

12 


JOHN  PETER  ZENGER 

of  filing  informations  on  his  own  notion  with  a  view 
rather  to  squeeze  money  from  those  he  prosecuted 
than  from  any  just  cause." 

When  the  action  was  commenced  by  the  Attor- 
ney General,  Van  Dam  was  advised  by  his  counsel, 
Alexander  and  Smith,  to  bring  suit  against  Cosby  for 
the  half  of  what  Cosby  had  received  over  and  above 
the  amount  collected  by  Van  Dam.  But,  to  his  as- 
tonishment, the  clerk  of  the  court  refused  to  affix  a 
seal  to  the  summons,  and  Cosby  would  not  answer 
the  declaration.  Accordingly,  Van  Dam  was  put 
on  his  defense  in  Cosby's  action  and  his  counsel,  by 
way  of  plea,  offered  the  following  exceptions  to  the 
being  and  jurisdiction  of  the  court : 

"  1st.  For  that  (Your  Honours  being  applyed  to 
as  Justices  of  the  supream  Court)  the  supream  Court 
was  erected  and  established  by  Ordinance,  in  the 
Time  of  His  late  Majesty  King  George  the  first,  and 
in  His  Name,  and  that  that  Ordinance  expired  by 
His  Death,  at  least  before  exhibiting  this  Bill  ;  and 
that  there  has  been  no  Ordinance  or  other  Act  or 
Thing  done,  in  the  present  King's  Time,  to  re-es- 
tablish that  Court ;  and  therefore  no  such  Court 
now  existing. 

2My.  For  that  His  present  Majesty,  by  His  Com- 
mission to  Governour  Montgomerie,  under  the  great 
Seal  of  Great  Britain,  having  commanded  him  to  ex- 
ecute all  Things  in  due  Manner,  according  to  the 
Powers  granted  by  that  Commission,  and  the  Instruc- 
tions therewith  given;  and  by  the  39//^  of  these  In- 
structions, His  Majesty  having  required  the  said  Gov- 
ernour Montgomerie  to  grant  Commissions^  with  the 

13 


JOHN  PETER  ZENGER 

Advice  of  the  Council^  to  Persons  jit  to  be  'Judges  in  this 
Province^  as  by  the  Instructions  proffered  ;  and  yet 
the  said  Governour  granted  Your  Honours  Commis- 
sions, without  such  Advice  ;  and  therefore  not  pur- 
suant to  the  Authority  aforesaid ;  And  it's  put  to 
Your  Honours  Judgment,  Whether,  after  Knowl- 
edge of  this  Defect,  You  will  take  upon  You  the 
Power  of  judging  in  this  Cause  ? 

^dly.  For  that  the  Defendant  says.  Your  Honours 
have  not  any  Authority  or  Jurisdiction  to  compel 
the  Defendant  to  answer  upon  Oath,  touching  the 
Matters  in  the  Bill :  And  that  there  is  no  Prescrip- 
tion, Act  of  Parliament,  nor  Act  of  Assembly,  to 
establish  any  supream  Court,  nor  to  impower  any 
Court  or  Person  to  hold  Cognizance  of  Pleas,  in  a 
Course  of  Equity,  in  or  for  this  Province :  And 
therefore  pray  Your  Honours  Opinion,  whether  the 
Defendant  ought  to  be  compelled  to  answer  you  in  a 
Course  of  Equity." 

It  was  further  alleged  that  it  was  the  business  of 
an  equity  court  to  grant  relief  where  it  could  not  be 
had  by  common  law,  and  not  to  deprive  the  subject 
of  the  right  to  trial  by  jury  ;  and  that  the  King  was 
not  a  person  interested  in  the  proceeding,  having  by 
his  order  given  his  interest  in  the  salary  and  fees  to 
the  Governor. 

Rule  to  argue  the  plea  was  filed  February  ist, 
1733,  and  the  argument  was  set  down  for  April  9th, 
1733.  Lewis  Morris,  at  the  opening  of  the  court, 
delivered  a  long  and  exhaustive  opinion  against  its 
jurisdiction  in  equity  causes,  and  then  left  the  bench, 
declining  to  have  anything  further  to  do  with  the 

14 


JOHN  PETER  ZENGER 


case.  The  closing  sentence  of  his  opinion  was  as 
follows: 

"And  as  I  take  it  the  giving  of  a  new  Jurisdiction 
in  Equity  by  Letters  Patent  to  an  old  Court,  that 
never  had  such  Jurisdiction  before,  or  Erecting  a 
new  Court  of  Equity  by  Letters  Patent  or  Ordinance 
of  the  Governor  and  Council,  without  Assent  of  the 
Legislature,  are  equally  unlawful,  and  not  a  sufficient 
Warrant  to  justify  this  Court  to  proceed  in  a  Course 
of  Equity.  And  therefore  by  the  Grace  of  God,  I,  as 
chief  Justice  of  this  Province,  shall  not  pay  any 
Obedience  to  them  in  that  Point." 

Cosby  was  intensely  angered  by  the  opinion  and 
wrote  Morris  a  savage  letter,  impugning  his  integ- 
rity and  demanding  a  copy  of  what  he  had  said  in 
court.  Morris  sent  him  a  copy,  together  with  a 
letter,  a  part  of  which  reads  as  follows : 

**As  to  my  Integrity,  I  have  given  You  no  Oc- 
casion to  call  it  in  Question.  I  have  been  in  this 
Office  almost  twenty  years,  my  Hands  were  never 
foul'd  with  a  Bribe ;  nor  am  I  conscious  to  myself, 
that  Power  or  Poverty  hath  been  able  to  induce  me 
to  be  partial  in  the  Favour  of  either  of  them.  And 
as  I  have  no  Reason  to  expect  any  Favour  from  you, 
so  am  I  neither  afraid  nor  ashamed  to  stand  the  Test 
of  the  strictest  inquiry  you  can  make  concerning  my 
Conduct.  I  have  served  the  Public  faithfully  and 
honestly,  according  to  the  best  of  my  Knowledge;  and 
I  dare  and  do  appeale  to  them  for  my  Justification," 

He  was  then  summarily  removed  from  his  office 
without  the  advice  of  Council,  although  he  had 
served  for  nearly  eighteen  years  without  complaint. 


15 


JOHN  PETER  ZENGER 


His  opinion  was  published  and  ran  through  two 
editions.  In  the  following  August  DeLancey  was 
commissioned  Chief  Justice  and  Philipse  second 
Justice.  The  number  of  the  judges  of  the  Supreme 
Court  was  thus  arbitrarily  reduced  from  three  to 
two,  for  Daniel  Horsemanden  was  not  appointed 
third  judge  until  1737. 

DeLancey  and  Philipse,  however,  decided  that 
they  had  jurisdiction  to  determine  matters  in  equity 
in  a  court  of  Exchequer  and  proceeded  to  hear  coun- 
sel. Yet,  although  the  whole  case  was  set  down, 
they  heard  argument  on  the  third  exception  only, 
and  then  ordered  that  the  plea  in  the  case  be  set 
aside  without  further  argument.  At  the  time  of  the 
argument,  counsel  for  Van  Dam  handed  up  a  further 
exception  to  the  commission  of  the  judges,  "that  they 
were  not  granted  for  life  nor  during  good  behaviour." 
The  clerk  read  it,  endorsed  it  and  noticed  it  as  filed, 
when  Philipse,  without  argument,  ordered  the  min- 
ute to  be  blotted  out,  the  endorsement  to  be  razed, 
the  exception  to  be  taken  off  the  file,  and  handed 
back  to  counsel,  nor  would  he  allow  a  bill  of  excep- 
tions for  use  on  appeal. 

On  November  30,  1733,  Van  Dam  wrote  a  let- 
ter to  Cosby 's  representative,  in  which  he  submitted 
three  articles  as  a  basis  for  the  settlement  of  their 
troubles.  But  it  was  returned  the  next  day,  "it  being 
such  a  Heap  of  INTELLIGIBLE  (sic)  Stuflf,  as  I  think 
very  IMPROPER  to  trouble  myself  or  the  Gover- 
nor with.  and  doubt  not  but  I  shall  hear  that 

those  will  prove  your  best  Friends  on  the  End,  who  advised 
you  TO  MAKE  PEACE  ON  ANY  TERMS." 

16 


rt&P.IP  VAKf  ]©AM 


JOHN  PETER  ZENGER 

Van  Dam  published  his  case  as  it  progressed,  say- 
ing, "  As  the  Wellbeing  of  the  People  of  this  Pro- 
vince, and  their  Posterity,  is  much  concerned  in  the 
Consequences  of  that  Opinion  on  my  Demurrer,  I 
think  it  my  Duty,  for  their  Sakes  as  well  as  mine 
own,  to  publish  it  at  large, ....  in  order  that  they  may, 
before  it  is  too  late,  see  the  Bondage  and  Slavery, 

which  may  possibly  followfrom  it  But  asthe  Press 

here  is  so  weak-handed  and  slow,  it  will  be  a  Work  of 
some  Time,  before  that  Argument  and  Opinion  can 
be  printed,  which  makes  me  chuse  the  publishing 
these  short  Proceedings  first." 

He  comments  on  the  answer  to  his  letter  as  fol- 
lows: "Here  the  Reader  will  also  see  the  modern  Doc- 
trine of  Keeping  in  with  Governours  ON  ANT 
TERMS  wound  up  to  a  higher  Pitch,  even  to  make 
Peace  ON  ANT  TERMS,  and  movingly  inculcated. 
The  meaning  of  which  Doctrine  seems  to  be  this.  If 
Governours  have  a  Mind  to  any  Part  or  all  of  your 
Estate,  by  all  means  give  it  to  them;  for  if  you  offer 
to  keep  it  when  they  demand  it,  that  is  not  making 
of  Peace  on  any  Terms.  This  Doctrine  I  take  it  to 
be  that  of  passive  Obedience  and  Non-Resistance, 
which  every  Lover  of  Liberty  and  the  glorious  Rev- 
olution ought  strenuously  to  oppose." 

After  the  court  overruled  Van  Dam's  plea  he  de- 
cided not  to  appear  again  until  Cosby  had  answered 
his  declaration.  The  Attorney-General  then  took 
out  a  commission  of  rebellion  against  him  and  a  re- 
turn was  filed  stating,  "The  said  Rip  Van  Dam  is 
not  found."  This  proceeding  rendered  his  estate 
liable  to  sequestration.  The  following  affidavits  show 

»7 


JOHN  PETER  ZENGER 

the  remarkable  way  by  which  the  return  to  the  com- 
mission was  made.  They  are  reproduced  as  showing 
the  spirit  which  animated  this  litigation. 

"  William  Spinks,  Mariner  on  Board  His  Maj- 
esty's Ship  the  Seaford,  aged  about  Twenty  six  Tears, 
being  duly  sworn  on  the  holy  Evangelists  of  Almighty 
Gody  on  his  Oath  doth  declare ,  that  on  or  about  the  Tenth 
or  Eleventh  day  of  this  instant  January,  one  Queen  Marsh, 
formerly  belonging  to  the  said  Ship,  but  now  he  believes 
out  of  all  Employ,  and  who  lodges  at  Mr.  Hammonds, 
next  Door  to  the  Coffee-house,  came  to  Mrs.  Hawkins's, 
a  publick  House  upon  the  Dock,  where  this  Deponent  and 
William  Fearn  lodge,  and  got  into  Company  with  the 
Deponent  and  the  said  William  Fearn,  and  called  for 
Liquor  to  treat  them  with,  and  after  some  Hours  Drink- 
ing, he  told  the  Deponent  and  the  said  Fearn,  that  he  had 
a  Paper  concerning  Van  Dam,  that  he  would  be  obliged 
to  them  if  they  would  set  their  Hands  to,  he  said  there  was 
no  Harm  in  it,  and  confirmed  it  with  many  Oaths,  and 
that  the  Captain  knew  of  it,  and  that  it  would  oblidge  the 
Captain  as  much  as  the  Governour.  Then  he  took  out  a 
Parchment,  which  he  never  opened  to  them,  but  shewed 
them  upon  the  back  of  it  some  Words  to  this  Purpose,  the 
within  mentioned  is  not  to  be  found.  And  the  said 
Marsh  said  it  was  only  to  put  their  Names  to  that  after 
him,  and  he  would  sign  it  first,  and  swore  many  Oaths, 
they  would  never  be  called  to  an  Account  for  it:  Where- 
upon the  said  Marsh  signed  his  Name  under  the  said 
iVords,  and  the  Deponent  and  the  said  Fearn,  signed  after 
him.  The  Deponent  says,  he  has  since  heard  and  believes 
that  the  above  Parchment  was  a  writ  against  Mr.  Van 

i8 


JOHN  PETER  ZENGER 

Dam  to  take  him  ;  but  the  said  Marsh  did  never  tell  the77i 
so  at  that  Time^  nor  to  this  Deponent  never  before^  and 
he  believes  not  to  Fearn  neither.  And  this  Deponent 
doth  say,  that  he  verily  believes  the  Capt.  knew  nothing 
of  the  said  Writ  ;for  that  he  has  expressed  a  great  Deal  of 
Anger  and  Resentment  at  this  Deponent  and  the  Fearn, 
for  signing,  as  before,  and  ordered  them  this  Morning  to 
go  and  declare  the  Truth,  and  their  concern  for  the  doing 
thereof;  which  this  Deponent  hereby  does :  And  farther 
saith  not. 

William  Spinks. 
Sworn  this  igth  Day  of  January  1733—4.  Be- 
fore   

William  Fearn,  Mariner,  on  Board  his  Majesty's 
Ship  Seaford,  being  duely  sworn  on  the  holy  Evangelists, 
on  his  Oath  doth  declare,  that  he  was  present  and  heard 
the  above  William  Spinks  declare  on  Oath  as  before; 
and  so  far  as  relates  to  this  Deponent  of  his  the  said 
Spinks'  Affidavit,  is  true ;  and  the  rest  he  believes  to  be 
true;  and  farther  saith  not'' 

William  Fearn. 
Sworn  this  igth  Day  of  January  1733—4.  Be- 
fore    

In  his  printed  case  Van  Dam  says :  **  The  above 
Affidavits  make  it  plain  what  low  Means  have  been 
taken  to  bring  my  Estate  into  the  Hands  of  a  Gov- 
ernour,  that  he  may  cut  and  carve  for  himself.  Here 
are  Men  plied  with  Drink,  deceived  by  Falsehoods 
and  Lies,  and  their  Hands  fixt  to  a  Return,  That  I 
am  not  to  be  found,  when  these  Men  never  stir'd  from 


19 


JOHN  PETER  ZENGER 


their  Seats  to  seek  me.  -  -  -  I  am  always  to  be 
found  at  my  own  House,  and  am  able  and  willing  to 
pay  my  own  Debts  :  -  -  -  I  have  already  shown  in 
Print  the  Account,  upon  which  I  think  a  very  great 
Balance  due  to  me  from  the  Governour,  when  even 
the  whole  of  what  is  demanded  of  me  is  deducted, 
which  shows  the  unjust  Design  of  this  Prosecution, 
and  these  last  Affidavits  evidence  the  scandalous  and 
base  Methods  with  which  it  is  carried  on.  -  -  -  My 
Case  published  has  been  called  Libelling ;  for  my  Part 
I  don't  pretend  to  understand  Law,  but  I  am  sure  it  is 
Truth.  And  if  I  am  to  fall  a  Sacrifice  to  arbitrary 
Power,  I  have  this  Comfort  left,  that  I  have  not  de- 
served it,  and  hope  I  may  be  the  last  Example  in  this 
Province." 

Another  writ  against  Van  Dam  was  directed  to 
the  sergeant-at-arms  returnable  on  February  7th, 
but  it  was  not  executed.  This  is  the  last  record  in 
the  case  which  Smith  says  was  never  settled,  and  that 
the  court  took  cognizance  of  no  equity  causes  after 
Van  Dam's. 

It  is  easy  to  understand  what  a  ferment  these 
proceedings  caused.  Here  was  a  native  of  the  Col- 
ony, a  man  who  was  rich,  influential  and  popular, 
who  was  well  known  and  respected,  forced  into  ex- 
pensive litigation  by  a  grasping  and  unscrupulous 
governor  who  denied  him  common  justice,  who  was, 
in  reality,  attempting  to  help  himself  to  the  prop- 
erty of  a  private  citizen,  and  who  hesitated  at  noth- 
ing which  he  thought  would  aid  him  in  accomplish- 
ing his  purpose. 

The  people  had  a  long  list  of  grievances  against 

20 


JOHN  PETER  ZENGER 


their  governor.  They  had  been  disgusted  from  the  very 
first  with  the  form  and  ceremony  he  affected  when  he 
received  their  representatives.  Then,  shortly  after  his 
arrival,  while  making  a  visit  at  Albany,  he  deliber- 
ately destroyed  a  deed  to  the  corporation  made  by  the 
Mohawk  Indians.  The  deed  had  been  made  by  the 
Indians  for  their  protection  against  the  rapid  settling 
of  the  country,  and  was  not  to  take  effect  until  the 
dissolution  of  their  tribe.  It  was  destroyed  because 
Cosby  expected  to  receive  certain  fees  when  a  new 
grant  was  executed. 

They  had  heard,  too,  that  in  several  instances 
Cosby  had  refused  to  grant  lands  to  settlers  unless  he 
was  permitted  to  retain  a  third  for  his  personal  use. 

They  had  seen  the  Chief  Justice  of  their  Su- 
preme Court  deposed  from  his  office,  because  his 
opinion  on  a  matter  of  law  differed  from  the  wish  of 
the  governor,  and  they  rightly  inferred  that  any 
other  official  who  attempted  to  stand  in  his  way 
would  be  dealt  with  in  the  same  summary  manner. 

Another  serious  complaint  against  Cosby  was 
that  at  the  assembly  election  held  in  Westchester  in 
October,  1733,  the  Quaker  voters  were  challenged 
on  the  ground  that  they  were  not  freeholders,  al- 
though they  were  all  men  of  known  estates.  The 
sheriff  required  them  to  qualify  by  the  usual  oath. 
This  they  refused  to  do,  but  offered  to  affirm,  as  was 
their  right,  under  the  statute.  Nevertheless,  they 
were  not  permitted  to  affirm,  and  thirty-eight  of 
them  were  arbitrarily  disfranchised.  These  tactics 
were  resorted  to  by  Cosby's  orders  in  the  hope  of 
defeating  Lewis  Morris,  who  was  running  against 


21 


JOHN  PETER  ZENGER 

William.  Foster,  clerk  of  the  Common  Pleas,  and 
who,  it  was  said,  paid  Cosby  one  hundred  pistoles  for 
the  appointment. 

They  knew  that  only  such  members  of  the 
Council  were  summoned  to  the  meetings  as  were 
favorable  to  Cosby's  designs,  and  they  therefore  be- 
gan asking  themselves  if  such  a  man  as  Van  Dam 
could  be  wronged,  how  would  a  poor  man  fare  ? 
What  security  did  the  Province  offer  for  a  man's 
person  or  property  ?  There  were  people  living  who 
could  remember  Andros,  cruel  and  despotic ;  Fletcher, 
avaricious  and  fanatical ;  Cornbury,  a  bankrupt  who 
came  to  New  York  to  escape  from  his  creditors; 
Hunter,  timid  and  weak ;  and  now  they  were  cursed 
with  a  Cosby,  worse  in  many  ways  than  his  prede- 
cessors. How  long  were  they  to  serve  as  the  prey  of 
unprincipled  men  ?  Truly  their  position  was  indeed 
perilous,  and  they  were  rapidly  realizing  the  truth  of 
Van  Dam's  words  when  he  said,  **  We  are  Tenants  at 
Will  to  Governors,  and  exposed  to  be  fleeced  by 
them  from  Time  to  Time  at  their  Pleasure." 

The  practical  effect  of  Cosby's  conduct  was  the 
division  of  the  people  into  two  political  parties,  one 
the  court  party  with  Cosby  as  its  leader,  with  James 
DeLancey,  Frederick  Philipse,  Richard  Bradley  and 
Francis  Harison  as  the  principal  members.  They 
also  had  with  them  George  Clarke,  a  member  of 
Council,  who  succeeded  Cosby  as  Governor  in  1736; 
Daniel  Horsemanden,  another  member  of  Council, 
afterwards  Justice  of  the  Supreme  Court,  and  author 
of  the  rare  "Narrative  of  the  Negro  Plot;"  Arch- 
ibald Kennedy,  later  Earl  of  Cassillis,  and  Receiver 


JOHN  PETER  ZENGER 

General  of  the  Province  for  more  than  forty  years; 
Joseph  Murray,  John  Chambers,  and  a  small  follow- 
ing among  the  citizens  at  large. 

The  opposition  or  popular  party  had  a  majority 
in  the  Assembly  and  a  large  following  among  the 
people.  The  principal  men  were  Lewis  Morris, 
Lewis  Morris,  Jr.,  James  Alexander,  William  Smith, 
Rip  Van  Dam,  Vincent  Mathews,  Gerardus  Stuyves- 
ant,  Philip  Livingston,  third  Lord  of  the  Manor,  and 
Cadwallader  Golden,  who  was  member  of  Council 
for  fifty-five  years.  Surveyor  General  of  the  Province, 
and  later  Lieutenant  Governor.  The  following  bit 
of  gossip  was  found  among  the  papers  of  an  intimate 
friend  of  Golden : 

**  In  '6i  on  Gov.  Monckton's  appointment  to  the 
Expedition  against  Martinico  he  (Golden)  took  the 
reins  of  Government  which  he  held  till  the  end  of 
'65  when  Sir  H.  Moore  arrived.  On  Sir  Harry 
Moore's  arrival  he  retired  to  a  Farm  on  Long  Island, 
where  I  took  my  leave  of  him  in  '73.  Tho  far 
advanced  he  still  retained  all  his  Faculties  and  an- 
nually a  set  of  his  friends  went  from  the  City  to 
celebrate  his  Birth-Day,  when  he  cheerfully  took  his 
Bottle  till  2  in  the  Morning." 

The  following  is  an  extract  from  a  letter  written 
by  Philip  Livingston  to  James  Alexander,  which 
shows  the  state  of  feeling  towards  Cosby  and  his  party. 
Alexander  had  previously  written  to  Livingston  com- 
plaining of  the  seizure  of  his  letters. 

"  If  Mr.  Van  Dam  had  suffered  himself  tamely 
to  be  devoured  certainly  another  Morcell,  as  you  say, 
would  have  followed,  no  person  could  expect  to  have 


23 


JOHN  PETER  ZENGER 

escaped.  If  you  and  a  few  more  had  not  opposed  the 
arbitrary  proceedings,  they  had  been  estabUshed  to 
the  Ruin  of  the  whole  Province.  .  .  .  It's  very  shock- 
ing that  your  letters  have  been  intercepted.  There  can 
nothing  bad  enough  be  expected  or  apprehended  from 
such  Vile  Varlets  who  are  guilty  of  such  Felony." 

Vincent  Mathews,  who  was  a  prominent  man  in 
Orange  County,  being  at  different  times  County 
Clerk,  Assemblyman  and  Boundary  Commissioner, 
also  wrote  as  follows  to  Alexander : 

If  the  Hand  of  Providence  does  not  arrest  and 
give  us  some  relief  very  quickly,  I  cannot  see  that 
any  one  Man  of  Honour  and  Honesty  can  remain 
in  this  Province  without  falling  a  Sacrifice  to  the 
basest  and  vilest  of  Villains." 

It  is  not  surprising,  therefore,  to  find  a  letter 
from  Alexander  to  a  friend  in  London,  describing 
the  situation  of  the  Province  in  the  following  lan- 
guage : 

"The  people  of  this  Province  had  deservedly 
gained  the  character  of  being  as  easily  governed  as 
any  in  the  King's  dominions.  They  are  generally 
industrious,  the  greatest  number  of  them  Dutch,  and 
seldom  trouble  their  heads  with  politics,  but  such 
people  generally  are  most  violent  when  they  appre- 
hend their  liberties  and  properties  to  be  in  danger, 
and  indeed  we  were  lately  afraid  of  their  breaking 
out  into  open  violence." 


CHAPTER  II 

EXTENT   OF   THE    CITY    IN    1/34  THE  BEGINNING 

OF    ZENGER's    NEWSPAPER  INCIDENTS 

LEADING  TO  THE  TRIAL 

N  1734  the  City  of  New  York  con- 
tained about  10,000  inhabitants,  of 
whom  fully  i  ,700  were  negro  slaves. 
On  the  west  side  of  the  island,  above 
what  is  now  Cortlandt  street,  there 
I  was  only  an  occasional  house  to  be 
met  with,  and  the  same  was  true  of  the  east  side  north 
of  Frankfort  street.  South  of  this,  however,  the  town 
was  far  from  being  solidly  built  up.  In  1731  there 
were  only  1,500  houses  in  the  city,  and  in  the  same 
year  it  is  recorded  that  quail  could  be  killed  in  the 
brush  east  of  the  present  Broadway. 

There  was  but  little  business  carried  on,  and  it 
was  principally  in  the  direction  of  importing  from 
abroad  the  supplies  necessary  for  the  Colony.  The 
Fort,  the  Governor's  House,  the  City  Hall,  and  the 
churches  were  the  principal  buildings.  Little  devo- 
tion was  paid  to  the  arts  and  sciences  and  there  were 
no  indications  of  the  controlling  power  which  the 
city  was  destined  to  exert.  There  was  but  one  news- 
paper, "  The  New  York  Weekly  Gazette,"  the  first 


25 


JOHN  PETER  ZENGER 

paper  published  in  the  Colony,  founded  by  William 
Bradford  in  October,  1725.  At  first  it  was  merely 
a  half  sheet  of  foolscap,  but  in  1726  and  1727  it  was 
occasionally  issued  with  four  pages.  It  was  printed 
in  a  crude  and  rough  fashion  and  its  columns  were 
filled  principally  with  foreign  news  and  advertise- 
ments, yet  small  and  poor  as  it  was  it  was  amply  suf- 
ficient for  the  needs  of  the  public. 

As  Cosby  became  day  by  day  more  and  more  un- 
popular, one  can  almost  see  the  citizens  of  New 
York  gathering  at  their  favorite  meeting  places,  the 
Black  Horse  Tavern  and  the  market  place,  and  dis- 
cussing the  latest  actions  of  their  Governor.  It  was 
really  the  only  way  they  had  for  ascertaining  what 
was  going  on,  for  Bradford  was  a  conservative  man, 
and  being  public  printer  his  paper  was,  naturally 
enough,  devoted  to  upholding  Cosby's  position. 

There  was,  however,  in  New  York  at  this  time, 
beside  Bradford,  a  poor  German  printer,  John  Peter 
Zenger  by  name,  who  was  carrying  on  a  struggling 
little  business.  The  records  of  Zenger's  life  are 
very  meagre  and  but  little  is  known  of  him. 

He  was  born  in  Germany,  the  name  of  the  place 
is  unknown,  in  1697.  He  was  one  of  a  large  com- 
pany of  Palatines  who  were  sent  to  America  in  1710 
by  Queen  Anne.  With  him  came  his  mother  Jo- 
hanna, his  sister  Anna  Catharina,  and  a  brother  Jo- 
hannes. The  father  of  the  family  died  on  ship- 
board. After  their  arrival  in  New  York  the  boy  John 
was  apprenticed  to  William  Bradford  on  October 
26,  171 1,  for  a  term  of  eight  years.  At  the  expi- 
ration of  his  apprenticeship  he  went  to  Maryland, 

26 


JOHN  PETER  ZENGER 


probably  with  the  expectation  of  finding  better  op- 
portunities for  practicing  his  trade,  and  settled  at 
Chestertown  in  Kent  County.  In  April,  1720,  he 
petitioned  the  Maryland  Assembly  to  be  allowed  to 
print  the  session  laws.  His  petition  was  granted  and 
it  was  suggested  that  he  be  given  seven  hundred 
pounds  of  tobacco  for  doing  the  work,  but  no  trace 
of  these  session  laws  can  be  found,  and  it  is  doubt- 
ful if  he  ever  printed  them.  At  a  later  session  of 
the  Assembly  Zenger  applied  for  naturalization  ;  his 
bill  was  the  first  to  pass  and  it  cost  him  a  fee  to  the 
Speaker  of  ^i,  los.,  and  15s.  to  the  Clerk. 

He  saw  but  little  chance  of  success  in  Maryland 
and  returned  to  New  York,  where  on  September 
II,  1722,  he  married  Anna  Catharina  Maulin,  who 
is  said  to  have  been  one  of  the  first  persons  interested 
in  Sunday  School  work  in  the  city.  The  records  of 
the  Dutch  Church  state  that  Zenger  was  a  widower 
at  the  time  of  this  marriage,  and  it  is  known  that 
his  son  John  was  born  in  171 9,  but  it  is  impossible 
to  discover  where  the  first  marriage  took  place  or 
who  his  first  wife  was.  On  September  10,  1723, 
Zenger  was  made  a  freeman  of  the  city,  having 
been  naturalized  July  6  of  the  same  year. 

In  1725  he  formed  a  partnership  with  Bradford, 
but  it  was  of  short  duration,  and  there  is  but  one 
book  extant  bearing  the  imprint  of  their  joint  names. 

In  1726  Zenger  started  in  business  for  himself. 
His  shop  was  on  Smith  street,  which  was  that  por- 
tion of  the  present  William  street  lying  between 
Maiden  Lane  and  Pearl.  In  May,  1734,  he  moved 
to  Broad  street  near  the  Long  Bridge.    He  printed 


27 


JOHN  PETER  ZENGER 


a  few  political  tracts  and  a  number  of  unimportant 
books,  principally  theological  in  character  and  writ- 
ten in  Dutch.  In  1730  he  brought  out  "Vanema's 
Arithmetica,"  which  was  the  first  arithmetic  printed 
in  the  Colony. 

After  Cosby's  erection  of  the  Court  of  Ex- 
chequer and  his  removal  of  Morris,  the  popular 
party  determined  that  the  people  of  the  Colony 
should  see  him  in  his  true  character.  For  this  pur- 
pose it  was  necessary  that  they  should  have  a  news- 
paper. Accordingly  they  selected  Zenger  for  their 
printer  and  probably  aided  him  financially  in  starting 
the  '*  New  York  Weekly  Journal,  containing  the 
freshest  Advices,  Foreign  and  Domestic,"  the  first 
number  of  which  appeared  November  5,  1733. 

The  idea  of  the  popular  party  was,  that  a  printed 
account  of  Cosby's  actions  would  arouse  such  a  storm 
of  indignation  that  he  would  surely  be  recalled. 
The  following  extracts  are  from  letters  written  about 
this  time  to  former  Governor  Robert  Hunter  by 
James  Alexander : 

"  Our  Governor  who  came  here  but  last  year  has 
long  ago  given  more  Distaste  to  the  People  than  I 
verily  believe  any  Governor  that  ever  this  Province 

had  during  his  whole  government  Nothing 

does  give  a  greater  lustre  to  your  and  Mr.  Burnet's 
administrations  than  the  being  succeeded  by  such  a 
man." 

"  Inclosed  is  the  first  of  a  newspaper  designed 
to  be  continued  Weekly  and  chiefly  to  expose  him 
and  those  ridiculous  flatteries  with  which  Mr. 
Harison  loads  our  other  Newspaper  which  our 
Governor  claims  and  has  the  privilege  of  suffering 

28 


JOHN  PETER  ZENGER 

nothing  to  be  in  but  what  he  and  Mr.  Harison 
approve  of." 

A  censorship  of  the  press  had  been  established 
by  the  commission  and  instructions  issued  to  Gov- 
ernor Bellomont  in  1697  as  follows: 

**  For  as  much  as  great  inconveniences  may  arise 
by  the  liberty  of  printing  within  the  province  of 
New  York,  you  are  to  provide  all  necessary  orders 
that  no  person  keep  any  press  for  printing,  nor  that 
any  book,  pamphlet  or  other  matter  whatsoever  be 
printed  without  your  especial  leave  and  consent  first 
obtained." 

But  it  does  not  seem  to  have  been  continued  in 
the  commissions  of  subsequent  governors,  or  Cosby 
would  certainly  have  taken  this  means  of  suppressing 
the  new  paper. 

Lewis  Morris,  Lewis  Morris,  Jr.,  James  Alex- 
ander, William  Smith  and  Cadwallader  Golden  were 
the  principal  contributors  to  the  columns  of  the  new 
paper.  Indeed,  they  wrote  practically  everything 
but  the  news  notices.  Alexander  seems  to  have  been 
editor  in  chief  and  to  have  passed  on  most  of  the 
contributions  prior  to  their  publication,  as  many 
manuscript  articles  designed  for  the  "  Journal  "  are 
found  among  his  papers.  Zenger  was  poorly  edu- 
cated, and  he  possessed  little  experience  or  skill  in 
his  trade.  His  business  ventures  up  to  this  time  had 
been  failures  and,  with  a  large  family  to  support,  he 
was  very  poor.  It  seems  certain  that  he  went  into 
the  newspaper  scheme  from  a  commercial  point  of 
view  only,  and  without  any  adequate  idea  of  the  re- 
sults which  were  to  be  accomplished. 

29 


I 


JOHN  PETER  ZENGER 

The  **  Journal  "  was  a  folio  in  size,  with  four 
pages.  The  press  work  was  better  than  that  of  the 
*'  Gazette,"  but  there  were  many  grammatical  er- 
rors, Zenger's  knowledge  of  English  being  very 
limited.  The  paper  sold  for  three  shillings  per 
quarter,  and  advertisements  cost  three  shillings  for 
the  first  insertion  and  one  shilling  for  each  insertion 
thereafter. 

The  **  Journal  "  immediately  proved  to  be  a  very 
popular  paper,  and  some  of  the  earlier  numbers  ran 
through  as  many  as  three  editions.  Supplements, 
which  up  to  that  time  had  only  been  used  on  rare 
occasions  for  governor's  addresses  and  fiscal  state- 
ments, became  common.  The  articles  were  written 
with  spirit  and  cleverness,  and  they  were  eagerly 
read. 

In  the  second  number  there  appeared  an  article 
on  the  liberty  of  the  press,  which  was  used  as  the 
text  of  many  others.  The  articles  were  filled  with 
direct  allusions  to  Cosby  and  his  conduct.  For  in- 
stance, in  number  four  there  is  an  article  on  civil 
government  and  its  obligations,  with  the  following  : 
**  A  supream  Magistrate  may  be  conceived  to  injure 
his  Subjects,  if  in  his  Dealings  with  them,  he  treats 
them  either  not  as  Subjects,  or  not  as  Men.  The 
Duty  of  a  supream  Magistrate  respects  either  the 
whole  People,  or  particular  Persons  ;  and  thus  much 
he  owes  to  the  whole  People,  that  he  procures  the 
Good  and  Safety  of  the  Community,  according  as 
Laws  direct  and  prescribe.  Therefore  he  injures  the 
whole  People,  if  he  evades  or  suffer  these  LAWS  to 
be  evaded  to  their  hurt." 


30 


JOHN  PETER  ZENGER 

In  the  same  number  appeared  the  following  ad- 
vertisement : 

**  A  Large  Spaneil,  of  about  Five  Foot  Five  Inches 
High,  has  lately  stray'd  from  his  Kennel  with  his 
Mouth  full  of  fulsom  Panegericks  and  in  his  Ramble 
dropt  them  in  the  NEW-YORK-GAZETTE;  when 
a  Puppy  he  was  mark'd  thus  j  ^,  and  a  Cross  in  his 
Forehead,  but  the  Mark  being  worn  out,  he  has  taken 
upon  him  in  a  heathenish  Manner  to  abuse  Man- 
kind, by  imposing  a  great  many  gross  Falsehoods 
upon  them.  Whoever  will  strip  the  said  Paneger- 
icks of  all  their  Fulsomness  and  send  the  Beast  back 
to  his  Kennel,  shall  have  the  Thanks  of  all  honest 
Men,  and  all  reasonable  Charges." 

This  is  directed  at  Francis  Harison,  who,  as  an 
ardent  adherent  of  Cosby,  wrote  many  articles  to 
.the  "Gazette"  supporting  his  actions. 

In  number  five  there  is  an  article  on  **  Trial  by 
Jury,"  with  an  allusion  to  Cosby's  depriving  Van 
Dam  of  a  jury  trial  in  their  disputes.  A  quotation 
from  it  is  as  follows : 

**  Deservedly  therefore  is  this  Tryal  by  Juries, 
ranked  amongst  the  choicest  of  our  fundamental 
Laws,  which  whosoever  shall  go  about  openly  to 
suppress,  or  craftily  to  undermine,  does  ipso  facto, 
ATTACK  THE  GOVERNMENT,  AND  BRING 
IN  AN  ARBITRARY  POWER,  AND  IS  AN 
ENEMY  AND  TRAYTOR  TO  HIS  COUN- 
TRY." 

In  number  eight  is  an  article  by  Lewis  Morris, 
purporting  to  be  an  interview  with  a  magician,  in 
which  he  says  that  from  the  initial  letter  of  the  sur- 

31 


JOHN  PETER  ZENGER 

name  of  a  Governor,  one  might  form  a  judgment  as  to 
his  character  and  conduct.  "  Provinces  have  also  their 
Cabala  Letters,  and  York  and  "Jersey  seem  pretty  much 
under  the  same  Influence,  the  tTs  and  C's  pertain  to 
them.  The  H  seems  to  be  a  fortunate  Letter,  witness 
Hamilton^  Hurley  y  and  Hunter ^  Men  of  amiable  Charac- 
ters. On  the  contrary  C  has  always  proved  unhappy, 
either  to  the  Government,  or  to  themselves,  or  both : 
He  instanced  Campbell  and  Cartaret  in  Jersey ^  and 
Coot  and  Cornbury  in  New-Tork." 

Then  follows  an  account  of  Cornbury's  adminis- 
tration, and  a  parallel  is  drawn  between  it  and  Cos- 
by's  by  implication,  and  the  article  concludes  with, 
"  What  has  once  been  may  be  again." 

In  number  nine  we  learn  that,  **  The  Spaniel 
strayed  away  is  of  his  own  Accord  returned  to  his 
Kennely  from  whence  he  begs  Leave  to  assure  the  Pub- 
liCy  that  all  those  fulsome  Panegirics  were  dropt  in 
the  New  York  Gazette  by  the  express  Orders  of  His 
Master.  That  for  the  gross  Falsehoods  he  is  charged 
with  imposing  upon  Mankindy  he  is  willing  to  undergo  any 
Punishment  the  People  will  impose  on  himy  if  they  can 
make  full  Proof  in  any  Court  of  Record  that  any  one  In- 
dividual Person  in  this  Province  {that  knew  him^  be- 
lieved any  of  them." 

In  number  ten  the  articles  begin  to  take  the 
form  of  letters  apparently  written  by  the  subscrib- 
ers, and  replies  were  made  to  the  articles  in  the 
"  Gazette."  It  can  readily  be  seen  that  the  new  pa- 
per and  the  radical  tone  of  its  articles  created  great 
excitement,  as  nothing  like  it  had  before  appeared 
in  the  Province.    Both  parties  read  it,  and  everybody 


32 


JOHN  PETER  ZENGER 


wondered  what  the  next  number  would  disclose. 
About  this  time  Van  Dam's  case,  which  was  printed 
in  sections,  was  brought  out,  and  for  a  while  Zenger 
probably  had  more  work  than  he  could  attend  to. 
In  fact  Zenger  says  in  number  twelve  in  a  card  to 
his  patrons,  "  /  must  acknowledge  my  Obligations  to 
you  to  be  suchy  that  you  do  so  plentifully  supply  mey 
that  tho  for  some  Weeks  past  I  have  used  my  small- 
est Letter^  and  to  put  as  much  into  a  Paper  as  was  in 
my  Power y  yet  I  have  now  Supplies  sufficient  to  fill  above 
seven  weekly  Papers  more.  .  .  .  I  have  thought  of  pub- 
lishing a  Thursdays  "Journal  weekly  for  the  next  garter." 

At  the  opening  of  court  on  January  15,1 734,  Jus- 
tice DeLancey,  referring  to  Van  Dam's  case,  charged 
the  grand  jury  on  libels,  saying,  "You  must  have 
observed,  that  of  late  there  have  been  served  Papers 
printed,  with  a  Design  and  a  Tendency  to  alienate  the 
Affections  of  His  Majesty's  Subjects  of  this  Province 
from  the  Persons  whom  His  Majesty  had  thought  it 
fitting  to  set  over  them  ;  and  in  particular,  some  Men 
with  the  utmost  Virulency  have  endeavored  to 
asperse  his  Excellency  and  vilify  his  Administra- 
tion; they  have  spread  abroad  many  seditious  Libels, 
in  order  to  lessen  in  the  People's  Minds  the  Regard 
which  is  due  to  a  Person  in  his  High  Station.  .  .  . 
The  Authors  are  not  certainly  known,  and  yet  it  is 
an  easy  Matter  to  guess  who  they  are,  that  by  mak- 
ing Use  of  Mr.  Van  Dam's  Name,  have  gain'd 
some  credit  among  the  common  People,  which  they 
were  not  wont  to  have,  and  never  thought  to  have 
deserved." 

He  concluded  by  saying,  **  I  know  most  of  you 


33 


JOHN  PETER  ZENGER 

Personally,  and  I  make  no  doubt  but  that  you  will 
discharge  your  Duty."  The  charge  covered  six  folio 
pages,  but  the  grand  jury  returned  no  indictments. 

This  was  followed  by  a  pamphlet  entitled,  "  Some 
Observations  on  the  Charge  delivered  to  the  Grand 
Jury  by  the  Honourable  James  DeLancey,"  written 
by  Lewis  Morris,  in  which  the  new  Chief  Justice 
was  severely  criticised  for  his  application  of  the  law. 

The  court  party  then  found  themselves  in  a 
quandary:  the  case  against  Van  Dam  had  been 
dropped  on  account  of  the  rising  indignation  of  the 
people.  But  now  they  were  stung  by  the  attacks  of 
the  "Journal,"  which  were  sharper  than  ever  since 
the  failure  of  the  Grand  Jury  to  indict,  though  or- 
dered to  do  so  by  the  Chief  Justice  in  the  plainest 
language  possible.  They  were  sullen  and  revenge- 
ful, and  denounced  Alexander  and  Morris  at  every 
opportunity,  as  they  were  the  head  and  front  of  the 
movement  against  Cosby. 

Cosby  again  complained  to  the  London  Board  of 
Trade,  saying: 

"  Cabals  were  form'd  against  the  Government 
and  a  meeting  of  their  factious  men  is  still  held  sev- 
eral nights  in  a  week  at  a  private  lodging  which  I 
havediscover'd  Alexander  always  prsent  and  Morris." 

The  Governor's  wife  had  been  heard  to  say  that 
her  highest  wish  for  Alexander  and  Smith  was  to  see 
them  strung  up  on  the  gallows  at  the  gate  of  the  Fort. 
Accordingly,  their  next  step  was  a  more  desperate 
one. 

On  the  evening  of  Friday,  February  i,  1734,  as 
some  of  James  Alexander's  friends,  Mr.  and  Mrs.  John 


34 


JOHN  PETER  ZENGER 


Hamilton  and  Mrs.  Ann  DePeyster,  were  leaving  his 
house,  they  picked  up  a  letter  outside  the  door  di- 
rected to  Mrs.  Alexander.  On  being  read,  it  proved 
to  be  an  anonymous  demand  for  money  coupled  with 
a  threat  to  destroy  the  members  of  the  family  in  case 
of  a  refusal.  James  Alexander  at  once  recognized 
the  address  as  being  similar  to  the  handwriting  of 
Francis  Harison.  William  Smith  and  Colonel  Lurt- 
ing,  the  Mayor,  also  recognized  the  writing  as  simi- 
lar to  Harison's.  Alexander  was  summoned  to  at- 
tend before  a  committee  of  the  Council  appointed 
to  investigate  the  matter,  but  declined  to  appear, 
since  Harison  was  one  of  the  committee.  The  matter 
was  brought  to  the  attention  of  the  grand  jury. 
After  deliberation  they  declared  that  there  was  a 
similarity  of  hands,  refusing  to  say  to  whose,  and 
asked  the  Governor  to  offer  a  reward  for  the  discov- 
ery of  the  writer.  The  Governor  accordingly  of- 
fered a  reward  of  fifty  pounds  for  the  discovery  of 
the  author  of  the  letter  and  fifty  pounds  to  any  accom- 
plice who  would  come  forward  and  make  known 
the  truth  of  the  matter. 

From  a  letter  written  soon  after  this  time  by 
James  Alexander  to  Lewis  Morris,  we  get  his  idea  of 
the  motive  for  the  anonymous  letter.  He  says  :  "  By 
comparing  the  *  Spectator  '  in  Bradford's  *  Gazette  * 
of  Jan.  28,  the  Monday  before  Friday  the  First  of 
February  when  the  incendiary  Letter  was  found  in 
my  Entry,  in  which  it's  advanced  that  the  taking  away 
the  good  name  of  another  was  to  be  punished  by 
Death ;  that  a  good  name  is  equal  in  value  to  Life  itself, 
the  words  good  name  being  several  times  in  Italicks 


35 


JOHN  PETER  ZENGER 

there,  and  the  papers  pubHshed  in  the  *  Gazette ' 
Feb.  4,  which  must  have  been  in  the  press  before  the 
incendiary  letter  was  found,  in  which  it's  said  a  good 
name  ought  to  be  maintained  by  the  Sacrifice  of 
Life,  and  the  next  article  in  that  paper  concluding, 
*  Cut  off  the  Causes  and  the  Effects  will  cease.'  I 
say  comparing  these  two  Gazettes  with  the  Report 
of  the  Council  and  Harison's  Address,  in  which  a 
good  name  is  spoke  of  in  the  same  way,  they  give 
not  a  small  Light  into  the  plot  and  design  of  the 
incendiary  Letter  and  of  the  author  or  authors  of  it. 
For  how  could  they  expect,  as  the  handwriting  of 
the  Letter  was  not  much  disguised,  but  that  I  should 
have  proclaimed  to  all  the  author  of  it.  As  I  did 
not,  they  were  in  their  Committee  in  Harison's  pres- 
ence to  oblige  me  to  say  it.  And  then  according  to 
the  papers  in  these  two  Gazettes,  he  was  justified  in 
destroying  me  at  once,  and  a  pety  jury  could  have 
been  found  to  have  brought  it  in  manslaughter  from 
the  heat  of  blood  a  man  must  be  put  into  by  hearing 
himself  charged  with  such  a  villany.  His  motives 
to  this  murder  are  obvious  for  he  found  himself  so 
pushed  in  Truesdell's  two  cases  that  there  was  no 
averting  his  disgrace  but  by  mine  or  Smith's  destruc- 
tion, and  possibly  they  expected  the  Murder  of  me 
would  cause  all  the  rest  of  us  to  fly  to  save  our  Lives. 
You  or  Mr.  Paris  have  those  Gazettes  which  if 
You'll  view  with  these  Hints  I  believe  this  matter 
will  appear  plainer  to  you  than  I  can  point  it  out. 
There's  a  great  satisfaction  that  he  has  left  this  Coun- 
try but  a  Dread  that  he  may  assassinate  You,  or  have 
some  ruffians  do  it,  and  You  cannot  be  too  much 


36 


JOHN  PETER  ZENGER 


upon  Your  guard  against  so  execrable  a  villain  and 
his  plots." 

It  is  needless  to  say  that  the  rewards  offered  by 
the  Governor  were  never  claimed.  Harison  after- 
wards died  in  great  poverty  in  London. 

In  the  meantime  there  had  been  a  great  outcry 
against  the  new  court,  many  petitions  complaining 
of  it  had  been  presented  to  the  Assembly  together 
with  Van  Dam's  printed  case.  Finally  the  Assem- 
bly decided  to  hear  counsel,  and  on  June  7,  1734, 
William  Smith  delivered  a  long  opinion  against  the 
jurisdiction  of  the  court.  He  was  followed  on  the 
twelfth  by  Joseph  Murray,  who  spoke  in  favor  of 
its  procedure,  but  the  Assembly  seem  to  have  taken 
no  action  in  the  matter. 

Smith's  speech  before  the  Assembly  won  so 
much  support  for  the  popular  party  that  the  Gover- 
nor, seeing  the  danger  of  the  situation,  invited  per- 
sons of  inferior  station  to  the  Fort  and  dined  them 
at  his  table,  many  of  whom  signed  an  address  ap- 
plauding the  mildness  and  merit  of  his  administra- 
tion. This  sudden  change  of  front  on  the  part  of 
Cosby,  who  had  previously  been  very  pompous  in  his 
bearing  towards  the  citizens,  is  thus  commented  on 
in  a  letter  to  the  "Journal ": 

"  Mr.  ZENGER  :  I  Am  a  poor  Man  and  have 
been  Tenant  to  several  Landlords  since  I  came  into 
this  Country,  I  have  Paid  my  Rents  to  all  of  them 
tho'  some  Times  not  on  quarter  Day,  and  have  been 
well  used  by  all  my  Landlords,  except  the  Last,  who 
has  given  me  several  gross  Affronts,  altho  I  have  paid 
him  by  far  the  greatest  Part  of  his  Rent  and  made 


37 


JOHN  PETER  ZENGER 

him  several  handsom  Presents.  But  now  of  late  he 
grows  extremely  Civil,  I  am  invited,  and  (when 
Business  allows  me  to  come)  entertained  after  the 
elegantest  Manner. 

I  desire  you  to  Publish  this  for  I  am  at  a  Loss 
to  know  the  Reason  of  this  late  and  extraordinary 
Civility,  is  it  not  to  Cajole  me  to  sign  a  new  Lease, 
or  to  give  him  more  Rent?" 

Among  the  signers  of  the  address  were  the  Al- 
dermen and  Common  Councilmen  of  the  city.  At 
the  election  held  on  St.  Michael's  day,  1734,  the 
popular  party  put  up  opposition  candidates  to  the 
signers.  A  bitter  contest  ensued,  but  the  new  can- 
didates were  all  elected. 

The  "  Journal  "  said  :  "  Simon  yohnson  and  Edie 
Myer  (aldermen  in  South  ward  elected  by  four  ma- 
jority) carried  it  against  the  Governour's  Interest  not- 
withstanding there  voted  against  them  a  considerable 
Merchant  who  was  an  Inhabitant  of  another  Ward, 
and  about  1 5  of  the  Soldiers  of  His  Majesty's  Garri- 
son, besides  the  Recorder  of  the  City  and  his  Interest. 
....  All  the  Members  that  are  chosen  were  put  up 
by  an  Interest  opposite  to  the  Governour's  except  yohn 
More,  (Dock  ward  i  maj.)  in  whose  Favour  a  great 
many  of  the  City  joyned,  or  he  would  have  lost  his 
Election.  All  those  that  were  Aldermen  and  Com- 
mon-Councilmen  before  signed  the  Address  to  the 
Governour  that  is  printed  in  Mr.  Bradford s  Gazette 
No.  449  except  Alderman  Styvesand,  for  which  Reason 
he  had  no  Opposition  in  the  new  Choice." 

In  the  evening  there  was  great  rejoicing  over  the 
popular  victory ;  houses  were  illuminated  and  speeches 

38 


A^Sof!g  mjde  upon  the  EleBion  «f 
mvp  Magijirimt  for  this  City. 


on  Ld'.J 


yon  fair  Ladies  novp 


i  .'  n:-/  :ijre  oppofe 

l.imlt'fs  power  ami  '7n'i,?ht^ 
Vcii  are  the  thejiu:  that  me  have  cbofe, 

:!id  to  your  praife  v?e  write: 
Toi)  (lard  to  fjexv  your  faces,  hrave 
In  fpight  of  every  ahjeB  tl  we  ; 

w/ch  a  fa  la  la. 
Tour  votes  you  gaui  fr  thofe  brave  men 

TX>ho  feajiing  did  d'/fpi/c  j 
And  never  profiituted  pen 

to  certify  the  lies 
J  hat  were  dr/trvn  tip  to  t  ••'  •  /  rJ'.ih:  \ 
MS  well  our  ;:}!>..  '.  :  . 

And  tho  the    ■  ■  .  uhu^ 

tvhat  neea  /  \  .  y.y. 
Still  let  them  fret  avd ' 

ymi'U  fyew  y^, 
Sra,:d  up  to  faVe  yoitr  Lonnfry  d:ar^ 
In  ijp^ht  of  ufcf  itebaugh  and  heer 

vyiih  a  fa  la  h. 

d  and 


.nore. 


A  Son 


To 


-u  J  hrwe,  you  J::-ore  , 
:ade  it  plain  : 
>:ii  to  take  their  ref, 
mito  the  i'cji  \ 

with  ,7  fi  la  l-r. 

\>on  the  fore'iotnd^ 


.'/  'To;'ic 


Boldly  defpife  the  haughty  Knave ^  ^ 
that  would  keep  us  in  aw. 

Let  *s  foorn  the  tools  houfM  h-  /,•  /< ; 
and  every  cringing  fool. 

The  man  who  hafely  bend's  ajr(>^ 
a  vile  ivfipid  tool. 

Our  Country  s  Rights  we  will  defend;^ 

like  brave  and  honefl  men  \ 
IVe  voted  right  and  there* s  an  enJ^ 

and  fo  we* U  do  again, 
IVe  vote  all  ftgners  out  of  place 

m  men  who  did  antifs^  , 
Who  fold  vt  by  a  J  'alfe  nJi:^fi\ 

Pm  f K're  were  right  in  thii. 


Th'j  ,■•   ,  '  a  l]  err  no  flaw 

is  in  tbcni  ,  ,'   'v  fljiflf:!!. 

And  he  ::cn'::-'rHd  h  every  lau.i 
that's  J.  n.'  rf  Ubertv, 

Let  them  withih:nd  it  all  they  cm, 


our  luir:s 


Tho'  p  'itv fogging  knaves  deny 
\'igbts  of  Engl'fbmen  \ 
■       th^  froundrcl  rofhh  ih, 
■■:  again, 

()r;y  Ju.iges  rhrr  would  chop  and  chtuze 
for  thofe  that  ferve  their  tiirn^ 

.A:id  wilJ  not  fiirelv  think,  it  ftrangc- 
ij'  they  for  this  jhould  mourn. 

Come- fill  a  humhe}\  fill  it  up^ 

unto  our  Aldermen  \ 
lor  common-council  fill  the  cup, 

and  take  it  oer  a^ain. 
While  they  xvith  us  rcfolve  to  ft  and 

for  liberty  and  law^ , 
'Ji'Vll drinktheir  healths  with  hat  in  han<! 
wharaa  I  whoraa  !  whoraa  f 


JOHN  PETER  ZENGER 

were  made.  The  next  day  a  couple  of  ballads  were 
circulated  through  the  town  commemorating  the 
occasion,  containing  many  sarcastic  allusions  to  the 
Governor  and  his  party.  It  would  be  interesting 
to  know  who  the  author  of  the  ballads  was,  but  he 
has  left  no  trace  of  his  identity. 

On  October  15,  1734,  Chief  Justice  DeLancey 
delivered  another  charge  to  the  Grand  Jury  for  New 
York  county  on  the  subject  of  Libels.  Among  other 
things  he  said,  **  I  shall  conclude  with  reading  a 
Paragraph  or  two  out  of  the  same  Book,  concerning 
Libels;  they  are  arrived  to  that  Height  that  they 
call  loudly  for  your  Animadversion;  it  is  high 
Time  to  put  a  Stop  to  them  ;  for  at  the  rate  Things 
are  now  carried  on,  when  all  Order  and  Government 
is  endeavored  to  be  trampled  on  ;  Reflections  are 
cast  upon  Persons  of  all  Degrees,  must  not  these 
Things  end  in  Sedition,  if  not  timely  prevented  ? 
Lenity  you  have  seen  will  not  avail,  it  becomes  you 
then  to  enquire  after  the  Offenders,  that  we  may  in 
a  due  Course  of  Law  be  enabled  to  punish  them.  If 
you.  Gentlemen,  do  not  interpose,  consider  whether 
the  ill  Consequences  that  may  arise  from  any  Dis- 
turbances of  the  publick  Peace,  may  not  in  part,  lye 
at  your  Door  ? " 

He  further  said,  "  You  must  have  heard  of  two 
Scandalous  Songs  that  are  handed  about,  it  is  your 
Duty  to  enquire  the  Author,  Printer  and  Publisher 
of  them.  Sometimes  heavy,  half-witted  Men  get  a 
knack  of  Rhyming,  but  it  is  Time  to  break  them  of 
it,  when  they  grow  Abusive,  Insolent,  and  Mischiev- 
ous with  it." 


39 


JOHN  PETER  ZENGER 


The  jury  returned  a  presentment  of  the  songs  on 
the  election  when  the  Supreme  Court  issued  the  fol- 
lowing order : 

**  At  a  Supreme  Court  ofjudicature  held  for  the  Pro- 
vince of  New-York,  at  the  City  of  New-York,  Octob. 
19,  1734.  Present  the  Honourable  ]2Lm&s  DeLancey, 
Esq;  Chief  fustice,  the  Honourable  Frederick  Philipse, 
Esq;  second  fustice. 

*' THe  Grand  Jury  having  yesterday  Presented  two 
Scandalous  and  Seditious  Songs  or  Ballads,  lately  dis- 
persed about  this  City,  one  entitled,  A  Song  made 
upon  the  Election  of  New  Magistrates  for  this  City  ;  the 
other  entituled,  A  Song  made  on  the  foregoing  Occasion^ 
both  highly  defaming  the  present  Administration  of 
His  Majesty's  Government  in  this  Province,  tending 
greatly  to  inflame  the  Minds  of  His  Majesty's  good 
Subjects,  and  to  disturb  and  destroy  that  Peace  and 
Tranquility  which  ought  to  subsist  and  be  main- 
tained in  this  Colony  and  in  all  other  well  governed 
Communities  ;  of  which  Virulent^  Scandalous  and  Se- 
ditious Songs  or  Ballads^  they  have  not  been  able, 
on  a  strict  enquiry,  to  discover  either  the  Author, 
Printer  or  Publisher.  //  is  therefore  Ordered  by  the 
Court  That  said  Virulent^  Scandalous  and  Seditious 
Songs  or  Ballads  be  burnt  before  the  City-Hall,  sit- 
ting the  Court,  by  the  hands  of  the  common  Hang- 
man,  or  Whipper^  on  Monday ^  ted  list  of  this  In- 
stant, at  12  o'clock,  and  that  the  High-Sheriff 
of  this  City  and  County  do  take  Order  accord- 
ingly." 

The  fact  that  out  of  the  nineteen  members  of 


40 


JOHN  PETER  ZENGER 

this  grand  jury  five  had  served  on  the  first  one,  was 
probably  the  reason  they  returned  no  indictment. 
This  method  of  procedure,  having  thus  been  found 
to  be  barren  in  results,  on  October  17th,  the  Coun- 
cil sent  a  message  to  the  Assembly,  saying  that 
they  had  several  of  Zenger's  Weekly  Journals  laid 
before  them  and  other  scurrilous  papers  tending  to 
alienate  the  affections  of  the  people  of  the  Province 
from  His  Majesty's  Government,  and  asked  for  a 
conference  with  a  committee  from  the  Assembly  to 
examine  into  said  papers  and  their  authors.  A  com- 
mittee was  appointed  and  the  concurrence  of  the 
Assembly  was  asked  for  in  the  following  : 

"  That  Zenger's  Papers  No.  7,  47,  48,  49  which 
were  read,  and  which  we  now  deliver,  be  burnt 
by  the  hands  of  the  common  Hangman,  as  contain- 
ing in  them  many  Things  derogatory  of  the  Dig- 
nity of  His  Majesty's  Government,  reflecting  upon 
the  Legislature,  upon  the  most  considerable  Persons, 
in  the  most  Distinguished  Stations  in  the  Province, 
and  tending  to  raise  Seditions  and  Tumults  among 
the  People  thereof.  That  you  concur  with  us  in 
Addressing  the  Governour  to  issue  His  Proclamation, 
with  a  Promise  of  Reward  for  the  Discovery  of  the 
Authors  or  Writers  of  these  Seditious  Libels.  That 
you  concur  with  us  in  an  Order  for  Prosecuting  the 
Printer  thereof.  That  you  concur  with  us  in  an  Or- 
der to  the  Magistrates,  to  exert  themselves  in  the  Ex- 
ecution of  their  Offices,  in  order  to  preserve  the  pub- 
lic Peace  of  the  Province." 

On  October  22,  the  House  took  the  matter  into 
consideration  and  after  several  debates  it  was  "  OR- 


41 


JOHN  PETER  ZENGER 

DEREDTHAT  THE  SAID  PAPERS  AND  RE- 
QUEST LYE  ON  THE  TABLE." 

On  November  2,  the  papers  and  request  were 
returned  to  Council,  and  on  the  fifth  the  Sheriff  de- 
livered the  follow^ing  order  of  Council  to  the  court 
of  Quarter  Sessions  directed  "  To  Robert  Lurting^ 
Esq  ;  Mayor  of  the  City  of  New-Torky  and  the  Rest 
of  the  Magistrates  for  said  City  and  County." 

**  Whereas  by  an  Order  of  this  Boards  of  this  Day, 
some  of  John  Peter  Zenger's  Journalsy  entitled.  The 
New-York  v^^eekly  Journal  containing  the  freshest 
Advices,  foreign  and  domestick.  No.  7,  47,  48,  49, 
were  ordered  to  be  burnt  by  the  Hands  of  the  common 
Hangman,  or  Whipper,  near  the  Pillory  in  this  City, 
on  Wednesday,  the  dth  Instant,  between  the  Hours  of 
Eleven  and  Twelve  in  the  Forenoon,  as  containing  in 
them  many  Things  tending  to  Sedition  and  Faction,  to  bring 
His  Majesty* s  Government  into  Contempt,  and  to  disturb 
the  Peace  thereof,  and  containing  in  them  likewise,  not 
only  Refections  upon  His  Excellency  the  Governour  in  par- 
ticular, the  Legislature  in  general,  but  also  upon  the  most 
considerable  Persons  in  the  most  distinguished  Stations 
in  the  Province.  It  is  therefore  ordered.  That  the  Mayor, 
and  Magistrates  of  this  City,  do  attend  at  the  Burning 
of  the  several  Papers  or  fournals  aforesaid.  Numbered  as 
above  mentioned.'' 

Upon  reading  the  order,  the  court  forbade  its 
entry  in  the  records  at  that  time,  and  some  of  the 
members  declared  that  if  it  was  entered  they  would 
at  the  same  time  enter  their  protest  against  it. 

On  the  sixth  of  November  Governor  Cosby 
issued  two  proclamations,  one  offering  a  reward  of 

42 


By  his  Excellency 

IViWam  Cosby^  C ^priin  General  and  Govcrnour  in  Coief 

of  rfte  Provinces  of  Kr.vTork^  Kew-'f  rfev^  an'l  Terriroii^s  th'-ieon 
dcprmlino;  irt  ilnicac*,  Vkc- AJmir*!  ol' the  time,  and  Colo.icl  in  HiS  Majclly's 
Army. 

A  PROCLAMATION- 

WHcteas  lil-minciecl  andnifatlvifled  Perlonshave  lardy  difpeiTec! 
id  the  City  of  HeT-Jotk^  and  divers  otficr  PI  ice«,  iVvcra! 
Sci'i  Ulous  add  Sediriou';  Llb':I%  bur  more  piirticnl  n  l  v  two  l-*rinrtd 
ScanJalou?  Songs  or  Ralla  b,  highly  defaming  the  Adiniuil^rarion  of 
Hi';  Majetly's  Governfiu-ur  in  this  Province,  tending  oftatly  to 
inflmu'  the  ?v1iiKls  of  His  Majclty^  good  5ubied-,  and  to  diiturb 
the  Pdblick  Pence.  Au.l  l/'W*//  the  C^rand  lury  for  the  ('ify  and 
Connty  of  \t\v-\'ufk  did  htclv,  by  tlieir  Addrefs  to  die,  f- 'dij^l  iin 
of  thefe  Pernicious  Practice--,  and  lequcft  me  to.iflue  a  Proclaaratiort 
for  the  Difeovery  of  rite  OfTenders,  that  they  might,  bv  Iv.uv,  receive 
a  Punirhidcdt  adequate  to  their  Guilt  and  Cridie.  /  Hjiv  therefore 
tho'j  'hr  ht,  by  and  wit!;  the  Advice  of  his  Majefty's  Council,  to 
ifluethis  Procla-nation,  hereby  Promifing  Tuv^yfy  Fom  is  ds  a  Reward, 
to  fuch  Per fon  or  Periods  who  lliall  difcover  the  Autlior  or  Authors 
f)f  tiie  two  Scandalous  Songs  or  Ballade  aforelaidj  to  be  paid  to  the 
Pufod  or  Perfons  (lifeovering  the  fame,  as  loon  as  fuch  Author  or 
Auihor^  Ihall  be  Conviited  ot  having  been  the  Author  or  Authors 
there,  .f- 

O I  J  '  I.  /V  inidir  Air  ILmA  mift  Sxuil  af  Forr-Ccorpf  hi  New- York  this  Sixth  Vay 
«(  Novt-niN-r,  ;»  tlje  J  jihih  \rar  of  lljc  Reigu  of  (Jar  So-jeri'i^n  Lord  G  i  Rc  E 
the  SecoiuU  h\  fhr  Gi  tu  eof  (.  >  Ol^  fff  Girat-  vit  ain,  Fi  Jiice /(W  IrcbnJ,  K'^-'t^. 
Dtfcu^o  of  fi'Ji:  Jiiifb,        Md  m  the} ear  cf  Our  LORDf  1734. 

1- ad  Morns  fy  a.Qmc.  \\  .  U  U  i  1j  1  • 

GOD  Save  the  KING 


JOHN  PETER  ZENGER 


fifty  pounds  for  the  conviction  of  the  author  of  the 
articles  in  the  "  Journal ;  "  the  other  offering  a  re- 
ward of  twelve  pounds  for  the  conviction  of  the 
author  of  the  scandalous  songs. 

On  the  same  day  the  sheriff,  John  Symes,  moved 
the  court  for  compliance  with  the  order,  when  one 
of  the  Aldermen  read  the  following  protest,  which 
was  approved  by  all  the  Aldermen,  either  expressly 
or  by  their  not  objecting  to  it : 

**  And  whereas  this  Court  conceives,  they  are 
only  to  be  commanded  by  the  King's  Mandatory 
Writs,  authorized  by  Law,  to  which  they  conceive 
they  have  the  Right  of  shewing  Cause  why  they 
don't  obey  them,  if  they  believe  them  improper  to 
be  obey'd,  or  by  ORDERS,  which  have  some 
known  Laws  to  authorize  them;  and  whereas  this 
Court  conceives,  THIS  ORDER  to  be  no  Manda- 
tory Writ  warranted  by  Law,  nor  knows  of  no  Law 
that  authorized  the  making  of  the  Order  aforesaid ; 
So  they  think  themselves  under  no  Obligation  to  obey 
it :  Which  Obedience,  they  think,  would  be  in  them, 
an  opening  a  Door  for  arbitrary  Commands,  which, 
when  once  opened,  they  know  not  what  Dangerous 
Consequences  may  attend  it.  Wherefore  this  Court 
conceives  it  self  bound  in  Duty,  (for  the  Preserva- 
tion of  the  Rights  of  this  Corporation,  and  as  much 
as  they  can,  the  Liberty  of  the  Press,  and  the  Peo- 
ple of  the  Province,  since  an  Assembly  of  the  Prov- 
ince, and  several  Grand  Juries,  have  refused  to  med- 
dle with  the  Papers,  when  applied  to  by  the  Council) 
to  protest  against  the  ORDER  aforesaid  and  to  forbid  all 
the  Members  of  this  Corporation^  to  pay  any  Obedience  to 


43 


JOHN  PETER  ZENGER 

//,  until,  it  be  shown  to  this  Court,  that  the  same  is 
Authorized  by  some  known  Law,  which  they  neither 
know  nor  believe  that  it  is." 

On  reading  the  protest  Francis  Harison,  the  Re- 
corder, who  was  one  of  the  Council  present  at  the 
making  of  the  order,  was  called  on  to  show  by  what 
authority  the  order  was  made.  He  cited  in  its  sup- 
port the  case  of  Dr.  Sacheverel's  sermon,  which  was 
ordered  burnt  by  the  hangman,  and  said  the  Mayor 
and  Aldermen  of  London  were  ordered  to  attend. 
To  this  one  of  the  Aldermen  replied  that  the  cases 
were  not  parallel,  that  Sacheverel  and  his  sermon 
had  been  impeached  by  the  House  of  Commons  and 
prosecuted  before  the  House  of  Lords,  which  had 
cognizance  of  such  affairs,  and  that  he  had  a  fair 
hearing  for  his  defense ;  and  after  such  hearing  he 
and  his  sermon  had  been  justly  and  legally  con- 
demned ;  that  the  judgment  did  not  direct  the  Al- 
dermen but  only  the  Mayor  and  Sheriffs  of  London 
and  Middlesex,  to  be  present  at  the  burning,  and 
that  the  order  on  the  judgment  did  not  include  the 
Mayor. 

It  was  further  said  that  if  the  Recorder  could 
show  that  the  Council  had  the  same  authority  as  the 
House  of  Lords  in  the  matter  and  that  the  papers 
had  been  legally  condemned  the  case  of  Sacheverel 
would  be  in  point.  And  he  was  asked  to  produce 
his  authorities  warranting  this  order,  to  which  he 
made  reply,  that  "  he  did  not  carry  his  Books  about 
with  him."  It  was  suggested  that  he  could  send  a 
constable  for  them.  He  then  arose  and  cited /^the 
case  of  Bishop  Burnet's  Pastoral  Letter  which  was 


44 


I'i  'U  of  tlu,-  'i\  : 

Ar.rlioror  Authors  of'  ■        ';  Scanhli^  i  if-L^twvA  Sections  Rtjicri.-. 
<-.;nf  jinccl  in  the  i'lid  'jc.umjf  or  f.-.v;:  /  A.  -rr.;-'.;/.  '       -dto  tlv: 

IVrlr/H  or  Vor'bns  difcf-vcrini;  the  hiino,      loo;i      ^  r  or  Av. 

riuHN  ihjll  i;e  ConviitcJ  of  liuving  beeti  the  Author  O'.'  s  thc-rco *. 

G  1  y  F.  \'  uvih' My  Jlnid  md  Scd       [' r.p-Ckn- . ,  ^     ■  . 

7V'v  fl/'  is'ovfmber,   m  the  l.t^hfij  )Cfir  !,(  rix  ;<■.;',••'''/  '•'  ■  ■'■'.■."r;n 

fiKOIvGK  the  S-cfl'!.'..      tbiCivtice  of  C\i'D,  r!  (.'r-.t  Driri;'!,  Frjiire  /}>.'.■! 

IrcMnJ,  A:/Au  J  ,ui/,lcy  of  Jm;!.',  ,  '  ■  '  '  LORD 
I  r  4- 

:v)  h;s  Excclli-'ao '<  C^^mm.ind, 

■  /.  .V.-'.  Mi'f  .'  IS,  '! )  C"  f  ^' 


^1 


i 


JOHN  PETER  ZENGER 


ordered  burnt  by  the  High  Bailiff  of  Westminster, 
"  upon  which  he  abruptly  went  away,  without  wait- 
ing for  an  Answer  or  promising  to  bring  his  Books, 
and  did  not  return  sitting  the  Court." 

It  was  then  moved  that  the  protest  be  entered, 
but  this  was  objected  to  on  the  ground  that  the  or- 
der would  then  have  to  be  entered  and  that  **  it  was 
not  fit  to  take  any  Notice  of  IT,"  and  the  court  then 
agreed  no  entry  should  be  made  of  either.  The 
sheriff  then  asked  that  the  court  would  direct  their 
Whipper  to  perform  the  order,  but  they  replied  that 
as  he  was  the  officer  of  the  Corporation  they  would 
give  no  such  order. 

Zenger  says  :  "  Soon  after  which  the  Court  ad- 
journed, and  did  not  attend  the  Burning  of  the 
Papers.  Afterwards  about  Noon,  the  Sheriff  after 
reading  the  Numbers  of  the  several  Papers  which 
were  ordered  to  be  burnt,  delivered  them  into  the 
Hands  of  his  own  Negroe,  and  ordered  him  to  put 
them  into  the  Fire,  which  he  did,  at  which  Mr. 
Recorder,  'Jeremiah  Dunbar,  Esq  ;  and  several  of  the 
Officers  of  the  Garrison  attended." 

On  Sunday,  November  17th,  Zenger  was  arrested 
under  the  following  warrant  of  the  Council: 

"  It  is  ordered  that  the  Sheriff  for  the  City  of 
New-Torky  do  forthwith  take  and  apprehend  John 
Peter  Zenger,  for  printing  and  publishing  several  Se- 
ditious Libels  dispersed  throughout  his  Journals  or 
News  Papers,  entitled.  The  New-York  Weekly  yournal^ 
con  taming  the  freshest  Advices,  foreign  and  domes  tick; 
as  having  in  them  many  Things,  tending  to  raise 


45 


JOHN  PETER  ZENGER 


Factions  and  Tumults,  among  the  People  of  this 
Province,  inflaming  their  Minds  with  Contempt  of 
His  Majesty's  Government,  and  greatly  disturbing 
the  Peace  thereof,  and  upon  his  taking  the  said  yohn 
Peter  Zenger^  to  commit  him  to  the  Prison  or  common  Goal 
of  said  City  and  County. 

Fred.  Morris,  D.  CL  Con." 

The  issuing  of  this  warrant  by  the  Council  was 
an  extraordinary  proceeding.  In  the  first  place,  it 
was  extremely  doubtful  if  the  Council  had  power  to 
issue  such  process,  especially  as  with  the  Governor  they 
constituted  a  court  for  the  correction  of  errors  and  ap- 
peals. And  in  the  second  place,  the  warrant  by  its 
terms  was  merely  the  expression  of  the  opinion  of  the 
Council,  supported  by  no  evidence,  and  with  no  op- 
portunity offered  to  the  accused  to  defend  himself. 

Zenger  was  for  several  days  denied  the  use  of  pen, 
ink  and  paper,  and  liberty  of  speech  with  any  person. 
The  Monday  after  his  arrest  the  "  Journal "  did  not  ap- 
pear, and  in  the  next  number  he  issued  the  following 
notice : 

**  To  all  my  Subscribers  and  Benefactors  who  take  my 
weekly  Journall.     Gentlemen,  Ladies  and  Others ; 

"  AS  you  last  week  were  Disappointed  of  my  Jour- 
nall, I  think  it  Incumbent  upon  me,  to  publish  my 
Apoligy  which  is  this.  On  the  Lords  Day,  the  Seven- 
teenth of  this  Instant  I  was  Arrested,  taken  and  Im- 
prisoned in  the  common  Goal  of  this  City,  by  Virtue 
of  a  Warrant  from  the  Governour^  and  the  Honorable 
Francis  Harrison,  Esq ;  and  others  in  Council  of  which 
(God  willing)  Yo'l  have  a  Coppy  whereupon  I  was 

46 


I 


JOHN  PETER  ZENGER 

put  under  such  Restraint  that  I  had  not  the  Liberty  of 
Pen,  Ink,  or  Paper,  or  to  see,  or  speak  with  People, 
till  upon  my  Complaint  to  the  Honourable  the  Chief 
Justice,  at  my  appearing  before  him  upon  my  Habias 
Corpus  on  the  Wednesday  following.  Who  discount- 
enanced that  Proceeding,  and  therefore  I  have  had 
since  that  time  the  Liberty  of  Speaking  through  the 
Hole  of  the  Door,  to  my  Wife  and  Servants  by  which 
I  doubt  not  yo'l  think  me  sufficiently  Excused  for  not 
sending  my  last  weeks  'Journall^  and  I  hope  for  the 
future  by  the  Liberty  of  Speaking  to  my  servants  thro' 
the  Hole  of  the  Door  of  the  Prison,  to  entertain  you 
with  my  v/QokXy  yournall  as  formerly.  And  am  your 
obliged  Humble  Servant." 

A  habeas  corpus  was  procured  by  his  counsel  re- 
turnable on  the  20th,  when  it  was  insisted  that  the  pri- 
soner should  be  admitted  to  reasonable  bail.  Zenger 
made  affidavit  that  he  was  not  worth  forty  pounds  over 
and  above  his  debts,  wearing  apparel,  and  the  tools  of 
his  trade.  But,  nevertheless,  it  was  ordered  by  De 
Lancey  that  he  might  be  admitted  to  bail  in  four 
hundred  pounds  with  two  sureties,  each  for  two  hun- 
dred pounds.  Zenger  says,  "  And  as  this  was  Ten 
Times  more,  than  was  in  my  Power  to  counter-secure 
any  Person  in  giving  Bail  for  me,  I  conceived  I  could 
not  ask  any  to  become  my  Bail  on  these  Terms  ;  and 
I  returned  to  Goal,  where  I  lay  until  Tuesday^  the 
2^th  of  yanuary,  ly^i'  55  •  •  •  •  ^^'^  Grand 
Jury  having  found  nothing  against  me,  I  Expected 
to  have  been  discharged  from  my  Imprisonment; 
But  my  Hopes  proved  vain;  for  the  Attorney  Gen- 
eral then  charged  me  by  Information^  for  Printing 

47 


JOHN  PETER  ZENGER 

and  publishing  Parts  of  my  Journals  No.  13  and  23 
as  being  Ja/se,  scandalous,  malicious,  and  seditious." 

There  was  no  attempt  made  to  justify  DeLancey's 
arbitrary  refusal  to  admit  Zenger  to  reasonable  bail. 
It  was  done  in  the  hope  that  if  he  was  imprisoned 
the  "  Journal  "  would  be  discontinued.  No  further 
action  was  taken  until  the  15th  of  April,  when 
Alexander  and  Smith,  in  behalf  of  Zenger,  offered 
the  following  exceptions  to  the  commissions  of  De- 
Lancey  and  Philipse : 

"  \st.  For  that  the  Authority  of  a  Judge  of  the 
King's  Bench,  in  that  Part  of  Great  Britain  called 
England,  by  which  the  Cognizance  of  this  Cause  is 
claimed,  is  by  the  said  Commission  granted  to  the 
Honourable  yames  DeLancey,  Esq  ;  aforesaid,  only 
during  Pleasure;  whereas  that  Authority  (by  a  Statute 
in  that  Case  made  and  provided)  ought  to  be  granted 
during  good  Behaviour. 

id.  For  that  by  the  said  Commission,  the 
Jurisdiction  and  Authority  of  a  Justice  of  the  Ccurt 
of  Common  Pleas  at  Westminster,  in  that  Part  of 
Great  Britain,  called  England,  is  granted  to  the  said 
yames  DeLancey,  Esq;  which  Jurisdiction  and  Au- 
thority, cannot  be  granted  to,  and  exercised  by,  any- 
one of  the  Justices  of  the  King's  Bench. 

3</.  For  that  the  Form  of  the  said  Commis- 
sion, is  not  founded  on  nor  warranted  by  the  Com- 
mon Law,  nor  any  Statute  of  England,  nor  of  Great 
Britain,  nor  any  Act  of  Assembly  of  this  Colony. 

\th.  For  that  it  appears  by  the  Commission 
aforesaid,  that  the  same  is  granted  under  the  Seal  of 
this  Colony,   by   His  Excellency,   William  Cosby, 

48 


JOHN  PETER  ZENGER 

Esq.;  Governour  thereof;  and  it  appears  not,  that 
the  same  was  granted,  neither  was  the  same  granted, 
by  and  with  the  Advice  and  Consent  of  His  Majesty's 
Council  of  this  Colony ;  without  which  Advice  and 
Consent,  His  Excellency  could  not  grant  the  same." 

Counsel  then  asked  that  their  objection  be  filed. 
To  which  DeLancey  said,  "  That  they  ought  well  to 
consider  the  Consequences  of  what  they  offered." 
To  which  they  both  replied  they  had  well  consid- 
ered what  they  offered  and  all  the  consequences,  and 
Smith  added  that  he  was  so  well  satisfied  with  the 
right  of  the  subject  to  take  an  exception  to  the  com- 
mission of  a  judge,  if  he  thought  such  commission 
illegal,  that  he  dared  venture  his  life  on  that  point. 
Argument  on  the  exceptions  was  postponed  until 
Wednesday,  the  i6th,  when  counsel  asked  to  be 
heard  on, 

I  St.  That  the  subject  has  a  right  to  take  such 
exceptions  if  they  judge  the  commissions  illegal. 

2nd.  That  the  exceptions  tendered  were  legal 
and  valid. 

The  Chief  Justice  then  replied,  "That  they 
would  neither  hear  nor  allow  the  Exceptions;  for 
(said  he)  you  thought  to  have  gained  a  great  Deal  of 
Applause  and  Popularity  by  opposing  this  Courts  as  you 
did  the  Court  of  Exchequer ;  but  you  have  brought 
it  to  that  Pointy  That  either^  We  must  go  from  the 
Bench  or  you  from  the  Barr:  Therefore  We  exclude  you 
and  Mr.  Alexander  from  the  Barr''  An  order  was 
then  delivered  to  the  clerk  as  follows: 


"At  a  Supream  Court  of  Judicature  held  for  the 

49 


JOHN  PETER  ZENGER 


Province  of  New-Tork  at  the  City  Hall  of  the  City 
of  New-Tork  on  Wednesday,  the  \6th  Day  of  April, 

1735: 

PRESENT, 

The  Honourable  "James  DeLancey,  Esq.;  Chief 
Justice. 

The  Honourable  Frederick  Philipse,  Esq.;  Second 
Justice. 

James  Alexander,  Esq.,  ^zWWilliam  Smith,  At- 
tornies  of  this  Court,  having  presumed  (notwithstand- 
ing they  were  forewarned  by  the  Court  of  their 
DISPLEASURE  if  they  should  do  it)  to  sign,  and 
having  actually  signed,  and  put  into  Court,  Exceptions, 
in  the  name  of  John  Peter  Zenger ;  thereby  denying  the 
Legality  of  the  fudges  their  Commissions ;  tho'  in  the 
usual  Form,  and  the  being  of  this  Supreme  Court. 
It  is  therefore  ordered,  that  for  the  said  Contempt,  the 
said  James  Alexander,  and  William  Smith,  be  excluded 
from  any  farther  Practice  in  this  Court,  and  that  their 
Names  be  struck  out  of  the  Roll  of  Attornies  of  this  Court.'* 

per  Cur  .    James  Lyne,  CL 

After  the  order  was  read  Alexander  asked  if  it 
was  the  order  of  Justice  Philipse  as  well  as  of  the 
Chief  Justice,  that  they  might  know  how  to  have 
their  relief.  They  both  replied  it  was  their  order. 
Counsel  then  said  that  the  court  were  mistaken  in 
the  wording  of  the  order,  that  the  exceptions  were 
only  to  their  commissions  and  not  to  the  being  of 
the  court  and  asked  that  it  might  be  altered  accord- 
ingly.   Smith  said  that  the  court  might  well  exist 


JOHN  PETER  ZENGER 

though  the  commissions  of  all  the  judges  were  void, 
which  the  Chief  Justice  confessed  to  be  true,  but  the 
order  was  not  amended.  It  was  then  asked  whether 
the  court  overruled  or  rejected  the  exceptions.  The 
Chief  Justice  said  that  he  did  not  understand  the  dif- 
ference. To  which  it  was  replied  that  if  they  were 
rejected  they  could  not  appear  upon  the  proceedings, 
but  the  defendant  was  entitled  to  have  them  made  so 
by  a  bill  of  exceptions  ;  if  they  overruled  them  they 
only  declared  them  not  sufficient  to  hinder  them 
from  proceeding  by  virtue  of  those  commissions  and 
the  exceptions  would  remain  as  records  of  the  court 
and  ought  to  be  entered  on  the  record  of  the  case  as 
part  of  the  proceedings. 

The  Chief  Justice  then  replied,  "They  must  re- 
main upon  the  File,  to  warrant  what  we  have  done  ; 
as  being  Part  of  the  Record  of  the  Proceedings  in  that 
Cause,  he  said,  you  may  speak  to  that  Point  tomorrow." 
But  on  the  eighteenth  the  court  would  hear  neither 
Alexander  nor  Smith  insisting  that  they  had  said  they 
could  get  some  person  to  speak  for  them.  Counsel  also 
expressed  a  doubt  as  to  whether  they  had  been  dis- 
barred as  attornies  as  well  as  counselors,  but  were  in- 
formed by  the  court  that  their  order  meant  to  ex- 
clude them  from  their  whole  practice  at  the  bar. 

This  remarkable  order  of  disbarment  well  illus- 
trates the  intense  and  bitter  partisanship  which  char- 
acterized the  actions  of  the  government  party.  It  is 
the  only  instance  in  legal  history  of  such  an  order 
being  issued  for  such  a  reason.  As  Alexander  and 
Smith  said  subsequently  in  their  complaint  to  the 
Assembly : 


51 


JOHN  PETER  ZENGER 


"...  We  would  humbly  ask,  whether  any  Thing 
can  be  more  Arbitrary,  than  these  Gentlemen's  pre- 
tending to  make  the  Notification  of  their  Displeasure 
to  be  the  Rule  of  our  Conduct?" 

**  We  ever  thought  it  lawful  for  any  of  our  Clients 
to  bring  the  Commissions  of  the  Judges  to  the 
Touchstone  of  the  Law :  But  we  never  thought  it 
so  necessary  as  in  this  Case.  We  conceived  the  In- 
nocency  of  our  Client,  no  sufficient  Security,  while 
we  esteemed  the  Governour  his  Prosecutor,  who 
had  his  Judges  in  his  Power.  We  had  too  much 
Reason  for  Caution  from  the  Conduct  of  the  Chief 
Justice.  We  heard,  how  His  Honor  had  vented  his 
Displeasure  against  him,  when  he  accidentally  met 
him  in  the  Streets,  on  a  Sunday  before  his  Arrest.  We 
had  been  near  Witnesses  to  sundry  warm  Charges,  and 
moving  Addresses,  to  several  Grand  Juries,  plainly 
levelled  against  Zenger^  and  with  Intention  to  pro- 
cure his  Country  to  Indict  him.  And  we  saw  his 
Name  amongst  that  Committee  of  Council,  which 
conferred  with  a  Committee  of  this  House,  in 
order  to  procure  a  Concurrence  to  condemn  some 
of  Zenger's  yournalsy  without  giving  him  Oppor- 
tunity to  defend  them.  We  heard  that  the  Chief 
Justice  was  a  principal  Manager  upon  that  Confer- 
ence, and  spoke  much  on  that  Occasion.  We  saw 
his  name  among  those  who  issued  that  Order  of 
the  Council,  which  commanded  the  Magistrates  of 
this  City  to  attend  the  Burning  of  some  of  those 
yournals ;  and  which  sets  forth  ;  that  they  had  been 
condemned  by  the  Council  to  be  burnt  by  the  Hands  of  the 
common  Hangman.    We  much  doubted  of  the  Lega- 


52 


JOHN  PETER  ZENGER 


lity  of  these  Extraordinary  Proceedings,  of  the  Chief 
Justice,  and  the  Rest  of  the  Council.  We  saw  the 
Chief  Justice's  Name,  among  those,  who  issued  that 
Extraordinary  Warrant,  by  which  our  Client  was  ap- 
prehended. We  had  seen  his  Want  of  Moderation, 
in  demanding  Security  in  Eight  Hundred  Pounds^ 
when  Zenger  was  brought  before  him,  on  his  Habeas 
Corpus^  tho'  the  Act  only  required  Bail  to  be  taken, 
according  to  the  ^ality  of  the  Prisoner ^  and  the  Nature 
of  the  Offence.  -  -  -  -  We  had  heard  the  Chief  Jus- 
tice declare,  in  the  fullest  Court  we  had  ever  seen  in 
that  Place,  That  if  a  "Jury  found  Zenger  Not  Guilty y 
they  would  be  perjured ;  or  Words  to  that  Effect ;  and 
even  this  before  any  Information  in  Form  was  lodged 
against  him.  As  for  Justice  Philipse^  we  had  been 
told,  how  vigorous  and  Active  he  had  been,  in  the 
General  Assembly,  to  procure  the  Concurrence  of  that 
House,  with  the  Council,  in  the  Order  for  Burning 
of  Zenger' s  Papers ;  even  before  they  were  legally 
Condemned  ;  and  Addressing  the  Governour  to  issue 
a  Proclamation  with  Promise  of  Reward  for  the  Dis- 
covery of  the  Writers  of  them ;  and  in  an  Order  for 
Prosecuting  the  poor  Printer.  We  wish  we  had  no 
Occasion  to  repeat  these  Things,  to  shew  the  Mo- 
tives of  our  Conduct ;  had  we  not  been  obliged 
thereto,  in  Order  to  vindicate  our  selves,  we  had  much 
rather  that  they  had  been  buried  in  Silence:  But  un- 
der these  many  Forewarnings,  what  could  we,  what 
ought  we  to  do  for  our  Client  ?  Surely  every  Thing 
that  was  lawful  and  likely  to  contribute  to  his  Safety. 
And  in  taking  the  Exception,  we  conceived  some 
Benefit  would  accrue  :  For,  had  the  Exception  been 


S3 


JOHN  PETER  ZENGER 

allowed,  the  Dependence  of  the  Judges  on  the  Gov- 
ernour  (which  we  thought  dangerous  to  our  Client) 
would  be  in  some  Measure  removed,  and  the  Judges 
have  stood  more  indifferent  between  the  real  Parties ; 
Had  it  been  over-ruled,  yet  we  had  Reason  to  think, 
that  it  might  have  proved  some  Check  to  an  exorbi- 
tant Stretch  of  Power ;  because.  That  dernier  RE- 
SORT, the  Commissions  had  been  judged  illegal, 
any  Abuse  offered,  after  Exceptions  taken,  might 
have  rendered  the  Judges,  not  only  civilly,  but  crim- 
inally, answerable  for  their  Conduct." 

**  It  was  then  full  two  and  Thirty  Tears y  since  one 
of  us  had  first  applied  to  the  Study  of  Law  (a  Time 
near  equal  to  the  whole  Age  of  either  of  these 
Judges)  and  who  for  several  Years  had  been  one  of 
the  oldest  Practitioners  at  the  Barr  here  ;  the  other 
of  us  did  not  want  two  months  of  Ten  Years  stand- 
ing there,  and  had  a  good  Share  of  Practice  for  sev- 
eral Years,  before  either  of  these  Judges  were  known 
to  have  had  any  knowledge  of  the  Law,  or  pretended 
to  have  made  it  a  Part  of  their  Study.  What  has 
been  our  Character  and  Reputation  for  Ability,  or 
Integrity,  in  our  Practice,  and  Morals,  belongs  not  to 
us  to  declare :  But  wc  hope,  our  being  employed  in 
almost  all  the  Causes  within  this  Colony,  of  any  Im- 
portance, that  have  depended  for  several  Years  last 
past,  may,  as  to  those  Points,  in  some  Measure,  wit- 
ness in  our  Favour." 

"  That  we  were  perfectly  innocent,  and  did  our 
Duty  in  the  Case  of  Zenger,  is  what  we  have  the 
clearest  Sense  of.  That  the  Law  was  with  us,  in  the 
Right  of  the  Subject  to  take  an  Exception,  is  what  we 

54 


JOHN  PETER  ZENGER 


will  steadfastly  maintain  ;  and  challenge  these  Gentle- 
men to  prove  the  Contrary.  Had  we  err'd  ;  must 
a  Man  loose  his  Livelihood  for  an  innocent  Mistake? 
Must  his  Brains  be  beat  out,  because  they  are  not  cast 
in  the  same  Mould  with  another  Man's?  Had  we 
been  guilty  of  Contempt^  as  is  groundlessly  pretended  ; 
is  there  no  Proportion  between  Offences  ?  Is  there 
no  Distinction  between  Punishments  ?  Must  we  be 
put  to  starve,  or  to  seek  our  Bread  in  a  new  Country, 
or  in  a  new  Manner  of  Life,  for  one  Contempt?  If 
these  Things  are  to  be  tolerated,  . .  .  hard  will  be  the 
case  of  Lawyers,  who  are  sworn  To  use  their  Offices  ac- 
cording to  their  Learning  and  Discretion.  Yet,  by  this 
Rule,  we  must  not  be  permitted  the  Use  of  either. 
Instead  of  consulting  our  Law  Books,  and  doing 
what  we  think  consistent  therewith,  for  the  Benefit 
of  our  Clients,  we  must  study  in  GREAT  MEN'S 
CAUSES,  only  what  will  PLEASE  the  Judges,  and 
what  will  most  flatter  Men  in  Power ^ 

**  We  are  loath  to  declare  what  we  think  these 
Gentlemen  deserve  :  We  wish  their  Amendment,  not 
their  Destruction.  But  we  humbly  request,  that  this 
House  would  come  to  such  Resolutions  upon  this  Case, 
as  they  shall  think  just  and  necessary,  for  the  Preser- 
vation of  the  Rights  and  Liberties  of  the  People  ;  and 
such  Measures  may  be  taken,  as,  that  we  may  be  re- 
stored to  the  Liberty  of  our  Practice  ;  that  our  Clients 
may  have  that  Service  from  us,  which  they  have  a 
Right  to  demand  ;  and  the  Publick  Administration 
of  Justice,  that  Help  which  we  are  able  to  afford ; 
and  that  we  may  have  the  Means  of  common  Jus- 
tice, for  Recovering  such  Damages  from  the  Gentle- 


55 


JOHN  PETER  ZENGER 

men  as  we  have  suffered,  or  shall  suffer,  until  we  are 
restored  to  our  Employments." 

The  real  reason  for  the  order  of  disbarment  was 
that  by  means  of  it  the  court  party  expected  to  be 
victorious  at  the  trial  as  they  well  knew  there  were 
no  attorneys  in  the  Province  who  would  be  so  vigor- 
ous and  bold  in  defense  of  the  printer  as  Alexander 
and  Smith.  John  Chambers  was  assigned  by  the 
court  as  counsel  for  Zenger  ;  he  entered  a  plea  of 
not  guilty  to  the  information  but  as  Zenger  says, 
"  But  as  to  the  Point.  Whether  my  Exceptions  should 
be  a  part  of  the  Record  -  -  -  -  thought  not  proper  to 
speak  to  it'* 

Chambers  then  moved  for  a  struck  jury  and  a 
day  for  trial.  The  court  allowed  his  motion  for  a 
jury  and  set  the  trial  for  August  fourth.  The  clerk 
drew  the  jury  on  the  evening  of  July  29th,  and  was 
attended  by  some  of  Zenger's  friends.  Instead  of 
producing  the  freeholders'  book,  he  made  a  list  of 
forty-eight  names  which  he  said  had  been  taken 
from  the  book.  The  list  was  objected  to  on  behalf 
of  Zenger  as  containing  the  names  of  many  persons 
who  were  not  freeholders,  of  others  who  were  hold- 
ing office  at  the  Governors'  pleasure,  of  some  who 
had  been  defeated  in  the  recent  city  election  and  of 
still  others  who  "were  the  Governours'  Baker,  Taylor 
Shoemaker,  Candlemaker,  Joiner  &c." 

But  in  spite  of  these  objections  the  clerk  refused 
to  strike  the  names  out  of  the  freeholders'  book,  nor 
would  he  hear  objections  to  any  of  the  persons  on 
his  list,  saying  the  defendant  could  strike  out  any 
objectionable  persons  ;  to  which  it  was  replied  there 

56 


JOHN  PETER  ZENGER 


would  not  be  twelve  men  left,  and  by  law  they 
could  only  strike  out  twelve  names.  The  following 
day,  however,  on  motion  the  clerk  was  ordered  to 
take  forty-eight  names  from  the  freeholders'  book 
as  usual,  and  to  allow  of  such  objections  as  were 
just. 

John  Chambers  was  a  young  man  without  much 
experience  in  the  law,  and  had  been  one  of  the 
signers  of  the  address  complimenting  Cosby's  admin- 
istration, and  was  really  affiliated  with  the  court 
party.  Accordingly  Alexander  and  Smith  had,  im- 
mediately upon  their  disbarment,  begun  to  look  for 
a  capable  man  to  try  the  case.  They  first  wrote  to 
John  Kinsey,  a  Pennsylvania  attorney,  and  a  prom- 
inent man  in  Philadelphia,  but  he  replied,  saying, 
"  I  have  inclination  enough  to  serve  you  in  any  just 
Cause  in  which  I  am  at  Liberty,  but  as  I  stand  Cir- 
cumstanced at  Present  And  in  the  Case  you  mention 
I  think,  I  cannot  do  it.  Divers  Letters  have  lately 
passed  between  the  Governor  and  myself,  which,  tho' 
they  do  not  relate  to  this  Affair,  are  of  such  Import 
that  I  cannot  undertake  against  him  without  subject- 
ing myself  to  be  reflected  on  as  doing  what  is  dis- 
honorable. And  for  that  Reason  must  desire  your 
Excuse  for  not  appearing  in  Zenger's  Cause." 

They  then  selected  Andrew  Hamilton,  also  of 
Philadelphia;  and  Lewis  Morris,  Jr.,  wrote  to  Alex- 
ander as  follows  about  securing  his  services : 

*'  On  Saturday  morning,  according  to  my  prom- 
ise, I  met  at  Smith's  with  Captain  Norris,  where  I 
was  in  hopes  of  seeing  you.  We  then  talked  of 
writing  to  Andrew  Hamilton,  which  I  consented  to 


57 


I 

JOHN  PETER  ZENGER 

do  as  well  as  Norris.  Smith  acquiesced  with  us.  I 
think  it  absolutely  necessary  that  he  be  wrote  to  to 
come  to  plead  Zenger's  cause.  I  declare  to  you  I 
shall  be  willing  to  contribute  my  part  to  so  Neces- 
sary an  Expense,  and  if  you  think  it  of  service  that 
I  subscribe  the  Letter  you  send  joyntly  with  you  and 
Smith,  I  hereby  give  you  full  power  and  Authority 
to  affix  my  name  when  you  and  Smith  have  signed." 

Andrew  Hamilton  had  long  been  prominent  in 
Pennsylvania  affairs.  He  is  said  to  have  been  born 
in  Scotland  in  1656.  There  is  some  uncertainty 
about  his  real  name  as  at  one  time  he  was  called 
Trent.  He  was  Attorney  General  of  Pennsylvania, 
1717—26;  Recorder  of  Philadelphia,  1727;  Vice 
Admiralty  Judge,  1737;  Speaker  of  the  Assembly 
from  1729  to  1739,  with  the  exception  of  one 
year.  He  and  Alexander  had  long  been  associates 
in  many  cases.  In  1726  when  Hamilton  was 
in  London  probating  the  will  of  William  Penn  in 
Chancery,  he  wrote  Alexander  of  the  delays  and 
difficulties  of  the  practice,  saying  :  **  Could  ye  Devil 
be  obliged  to  appear  to  a  Bill  of  Chancery,  and  to 
bear  ye  Costs  and  attend  ye  Issue  of  ye  Cause,  I 
would  for  any  ill  turn  he  should  do  me,  doom  him 
to  endure  this  Curse  instead  of  going  to  Hell." 

On  being  written  to,  Hamilton  promptly  ex- 
pressed his  willingness  to  come  on  and  try  the  case. 
He  was  at  that  time  nearly  eighty  years  of  age. 
He  was  a  great  sufferer  from  gout,  and  for  a  while 
it  was  quite  uncertain  whether  he  would  be  able  to 
appear.  His  intellect,  however,  was  vigorous  and 
unclouded.    He  had  the  reputation  of  being  the 

58 


JOHN  PETER  ZENGER 

best  advocate  in  North  America,  and  was  probably 
the  only  American  who  was  ever  admitted  a  bencher 
of  Gray's  Inn. 


CHAPTER  III 


THE  TRIAL  ITS  EFFECTS  ZENGER's  SUBSE- 
QUENT CAREER 

HE  court  party  up  to  this  time  had 
in  a  certain  way  carried  everything 
before  it.  Van  Dam  had  not  se- 
cured the  payment  of  his  debt  from 
Cosby,  Morris  had  been  removed 
from  the  bench,  Zenger's  counsel 
were  disbarred,  Zenger  himself  was  in  prison  and 
soon  to  be  tried,  and  all  these  things  had  come  about 
in  an  hitherto  vain  attempt  to  oppose  the  aggressions 
of  arbitrary  power.  The  situation  was  disheartening, 
indeed,  to  the  leaders  of  the  popular  party.  But, 
on  the  other  hand,  the  "Journal"  still  made  its  ap- 
pearance every  Monday,  the  business  being  ably 
managed  by  Zenger's  wife,  who  received  her  instruc- 
tions from  her  husband  through  the  hole  in  the  door 
of  his  cell,  and  the  spirit  of  the  people  raged  more 
violently  and  with  an  increased  bitterness  as  they 
realized  how  completely  they  were  at  the  mercy  of 
Cosby  and  his  judges. 

There  were  then  considerably  less  than  one 
thousand  men  in  New  York  County  possessing  the 

60 


JOHN  PETER  ZENGER 

necessary  qualifications  for  jury  duty,  so  the  articles 
in  the  "  Journal "  during  Zenger's  imprisonment 
were  carefully  written  with  the  intention  of  thor- 
oughly instructing  all  possible  jurors  not  only  on  the 
real  questions  at  issue,  but  also  to  acquaint  them 
with  their  rights  and  duties  in  cases  of  libel. 

The  day  appointed  for  the  trial  was  August  4, 
1735.  The  place,  the  City  Hall,  built  in  1700,  on 
the  corner  of  Nassau  and  Wall  streets,  the  finest 
building  in  the  city.  Long  before  the  opening  of 
the  court  the  little  room  was  crowded  to  its  utmost 
capacity.  Every  class  in  the  community  was  repre- 
sented. The  majority  of  the  people  felt  that  they 
had  assembled  not  merely  to  witness  the  trial  of  the 
printer  for  libel,  but  that  here  the  last  fight  was  to 
be  made  against  the  administration  which  was  so 
arbitrarily  oppressive.  If  Zenger  should  be  found 
guilty,  surely  their  last  hope  of  relief  would  be  gone, 
they  would  be  powerless  to  resist  any  hardship  which 
their  Governor  might  see  fit  to  impose. 

On  the  other  hand,  Zenger's  acquittal  would 
mean  a  decided  check  to  the  evils  from  which  they 
suffered,  a  vindication  of  their  demands  and  of  the 
principles  for  which  they  contended,  and  would 
give  them  courage  to  continue  their  efforts  to  rid 
themselves  of  their  despicable  Governor.  In  fact, 
the  result  of  the  trial  would  be  so  far-reaching  in 
its  consequences,  and  of  such  momentous  importance 
to  every  inhabitant  of  the  Province,  that  it  is  doubt- 
ful if  any  trial  ever  held  in  America  had  a  more 
thoroughly  interested  and  attentive  audience. 

After  the  entry  of  the  judges,  clad  in  their  dig- 

61 


•      JOHN  PETER  ZENGER 

nified  court  robes  of  the  period  and  wearing  their 
elaborate  wigs,  the  following  jury  was  obtained  : 

Thomas  Hunt,  Foreman,  Harmanus  Rutgers, 

Samuel  Weaver,  Benjamin  Hildreth, 

Stanly  Holmes,  Edward  Man, 

John  Bell,  Andries  Marschalk, 

Egbert  van  Borsom,  Abraham  Keteltas, 

John  Goelet,  Hercules  Wendover. 

As  these  men  took  their  seats  the  leaders  of  the 
popular  party  must  have  had  an  intimation  of  their 
final  success.  Harmanus  Rutgers  had  served  on  the 
first  grand  jury  in  January,  1734,  while  at  least  seven 
of  the  twelve  were  of  Dutch  ancestry ;  and  though 
the  old  feeling  of  animosity  on  the  part  of  the  Dutch 
towards  the  English  was  practically  extinguished, 
yet  Cosby's  conduct  served  to  keep  alive  the  few 
remaining  sparks.  If  the  way  were  pointed  out, 
these  men  could  be  relied  on  for  a  favorable  verdict 
for  this  reason  alone. 

The  retention  of  Hamilton  for  Zenger's  defense 
had  been  kept  very  quiet  and  was  known  to  but  few 
people.  Consequently,  his  appearance  in  court  pro- 
duced a  great  dismay  among  Cosby's  friends,  and  a 
corresponding  degree  of  security  in  the  popular 
party,  as  they  had  known  that  Chambers  was  un- 
equal to  the  task  imposed  upon  him.  Hamilton  was 
equipped  with  the  careful  study  and  research  of  Al- 
exander and  Smith,  who  sat  near  him  in  court,  and 
a  reference  to  Alexander's  brief  shows  that  Hamil- 
ton followed  the  line  of  defense  there*  set  forth.  It 


62 


JOHN  PETER  ZENGER 

might  have  been  supposed  that  the  court,  judging 
from  its  previous  conduct,  would  have  found  some 
pretext  for  excluding  Hamilton  from  the  case,  but 
on  account  of  his  reputation  they  did  not  dare  to 
proceed  to  such  an  arbitrary  length. 

It  has  seemed  proper  to  give  the  trial  in  detail, 
and  it  accordingly  is  given,  using  the  text  of  the 
First  Edition  printed  by  Zenger  in  1736.  The  only 
change  from  the  printed  text  is  that  all  reference  to 
the  matters  and  proceedings  had  before  the  trial  and 
leading  up  to  it,  have  been  left  out,  as  they  are 
fully  treated  in  other  parts  of  this  work. 

The  articles  embodied  in  the  Information  were 
taken  from  Numbers  13  and  23  of  the  Journal." 
It  would  be  interesting  to  know  who  the  authors  of 
these  articles  were,  but  the  only  clew  is  to  be  found 
in  their  respective  styles.  Judged  by  this,  the  first 
was  written  by  James  Alexander,  and  the  second  by 
Lewis  Morris. 

The  Attorney  General  opened  the  case  by  read- 
ing the  Information. 

Mr.  Attorney.  May  it  please  Your  Honours, 
and  you  Gentlemen  of  the  Jury;  the  Information 
now  before  the  Court,  and  to  which  the  Defendant 
Zenger  has  pleaded  Not  Guilty y  is  an  Information  for 
printing  and  publishing  a  false,  scandalons  and  se- 
ditious Libel,  in  which  his  Excellency  the  Govern- 
our  of  this  Province,  who  is  the  King's  immediate 
Representative  here,  is  greatly  and  unjustly  scandal- 
ized, as  a  Person  that  has  no  Regard  to  Law  nor 
Justice ;  with  much  more,  as  will  appear  upon  read- 
ing the  Information.    This  of  Libelling  is  what  has 

63 


JOHN  PETER  ZENGER 

always  been  discouraged  as  a  Thing  that  tends  to 
create  Differences  among  Men,  ill  Blood  among  the 
People,  and  oftentimes  great  Bloodshed  between  the 
Party  Libelling  and  the  Party  Libelled.  There  can 
be  no  Doubt  but  you  Gentlemen  of  the  Jury  will 
have  the  same  ill  Opinion  of  such  Practices,  as  the 
Judges  have  always  shewn  upon  such  Occasions:  But 
I  shall  say  no  more  at  the  Time,  until  you  hear  the 
Information,  which  is  as  follows. 

*  New-Tor ky  Supream  Court. 
*  of  the  Term  of  'January  in  the  Eighth  Year 

*  of  the  Reign  of  our  Sovereign  Lord  King 
'  GEORGE,  the  second,  &c. 

'  Neiv-Torky  ss.    BE   it  remembered.  That  Rich- 

*  ard  Bradley,  Esq  ;  Attorney  General  of  Our  Sover- 

*  eign  Lord  the  King,  for  the  Province  of  New- 

*  Yorky  who  for  Our  said  Lord  the  King  in  this 

*  Part  prosecutes,  in  his  own  proper  Person  comes 
'  here  into  the  Court  of  Our  said  Lord  the  King 

*  and  for  our  said  Lord  the  King  gives  the  Court 

*  here  to  understand,  and  be  informed.  That  John 

*  Peter  Zenger,   late    of   the   City    of  New-Torky 

*  Printer,  (being  a  seditious  Person,  and  a  frequent 
'  Printer  and  Publisher  of  false  News  and  seditious 

*  Libels,  and  wickedly  and  maliciously  devising  the 

*  Government  of  Our  said  Lord  the  King  of  this 

*  His  Majesty's  Province  of  New-Tork,  under  the 

*  Administration  of  His  Excellency  William  Cosby, 

*  Esq ;  Captain  General  and  Governour  in  Chief  of 

*  the  said  Province,  to  traduce,  scandalize  and  vilify, 

*  and  His  Excellency  the  said  Governour,  and  the 

64 


New -York  Weekly  JOURNaI. 

CouuiiHiiig    ihc   Jrcjlcji  /uivucSy  iomgn^  air! 


MUNDJT  December 


^  •   c^i  „,-''^  ''^'^^  tc^'-^  your  Ein  r.iDiigewent 

^  *J»  fcHatmi.  thitymilMu  foU  ojf 
t  .  .    alin'^fi  ihi-c  FJ.iicus  cf  Ionic 

In  all  inll  ik  F.ipos  n.-'i  Kr-.tt  J  ■  /.-) 
I:  L:^  to  rntlh  ;  hit  i. «/.•.•  Ka'.  V. 
t  i  l:  N.'W-Yor:  ,  Dec.  9:1.  -^bite  it  is  fuid, 
1 '"it  the  I:>I;ribit'ants  fif  Cape  B:  '!t'.iin 
v\  c  tiiilitu't;  of  Prnvifions,  and  that  lo 
fi^V'i^ly  the  VVaiitof  thcni  t'u  '■^l-^.p  C.e- 
fjy  v.-as  font  Inther,     •/  '  rvilb  in- 

i:r:  Credit,'  h'cduL- 
/.;'v;,  !t  oiii  the  N^.w-'. 

«,/•■.-.'%  ?r  /  fl.'w  ?  /;;/  .f  /V 

f:T  / '  /■.'     '  ■ 

fiiffcred  io  ;ir..i  i  a>i)  'i  In:  ■.v.. .  ,'  . 
Si-ipc-riors  appro-::  of\  u:!ci:r  th  Fcialty  of 
I  ..  ■  •^o  L.  per  annum  Siiliry,  c.u.-i  il: 
'u  :.:  of  The  KiniT's  Piiiitcr  for  the  Piu- 
\'iv,z2  ff  Ncw-Yoik.  /  •::^i7t  prtttnd  to 
pr:  ibc  h'cafsr.s  "xhy  t'  :  !'."  •  ■  '  .  .'. 
jh:  into  th  Nevi'-Y-irk  (. 

tboff  --iobo  d 
way  hi  gi'ini  in  :.  . 
Faraa/apb  IS  fiit  t'O.n  i.a:.  I 
faioio:d  udb  the  frl!:-,:ii-  />■' 
I'jltth  I  Iriid  yowi^itb  ll.i)  to  ;;/;//. 
•jobn-h  I  bilir.::     ■:'  '  kii;db: 
ysnrR:ad:i  s.  .  ViWiled  ih;  ^ 

c/  th:  M       .  !:},ii  lb:v  u-r<: 

uir.n^  <:u)!!  to  till:  /ii  ■ 


ncr,  aged  i.boiU  :i  Yexrs,  biiiig 
o!i  the  holv  Evangeli'iis,  os  lii; '  > 
clli,  Thu  i'ome  Time  in  Sfplein^er  Im 
iVom  I'  Jir'U  to  Cup:  lir:iimr,  in  the  Si' 
thers.  a..d  arrival  abort  the  4.'«  '<i 
brittrtii.  y'lmhi  M.'Jir-v -s  vims  th;  >i  M 
Sloop,  who  'old  th;;  fjlci Sloop  lo  C;  o 
thit  al'  thcTimebe  \vj<  ucCiipe  iij-.cr; : 
ot  nf>Sci!«ily  of  Pr-A-il'ia-s.  tiio'  hew; 
i-ii.f/j/'.'d-^A  evt.Tv  D.f.  untiJ  t,l)t  Timr  ' 
ccmiri'^  »w.ty.  and  t'n*n  ihty  heard  it  .  ..  .    i  .  • 
the  1  iei'.tlciTicii  ai>d  People  thst  c.  inc  along  w ii  p 
thsm  ill  theV'eflel,  wiiich  VciTrl  is  the  f.iid  S!oj;) 
five  J^tjlntt!.  bv  the  N%me  of  /.r  Cn.fr.  tha  iii: 
ed  fhU  D»v  from  Nevi-lork  :    Sa  -i.  he  vcrilv  !>>. 
liev'cs  thi^re  u-m  no  Scnrcit  .■  of^ro.'ilbns  thcr;-, 
not  or.l  v  b  e^.i''-  h   h.  ird  i\o-hinf,  of  it  in  LtiiU- 
■  ,  ■  h\u    '  he  was  thf-re,  ihcTe  iTimt' d 

! «!  ^'     i  :  i om  t'ltfrfid,  andaScoonrr 

iroin  Provifioos;  rindtsth:.- 

-vr  romini;  our  thev  fpoko  w ith  a  Sloop  an;!  » 
I  i:i<r  froni  f-ic.il  v.nf;  goii'':;         1    :.sh.  r^ 
!ie  vcrilv  believes  were  carryim;  Provifi- 
^  '•-  ;  ;\;i;ile  h?  fa\r  live  Stoi-k  oa  the  Dctk  of 
theSioop,  and  paruul  irly  «  la>gr  Ou.ir.t ity  i.>f 
Lh?c  ji.    And  AS  to  the  Brii^nitinc,  ilu-  bciii^  deep 
W.iilt^',  he  f.iw  not  whrfi  wa^  Oil  tiic  Deck,  but 
(,iw  H»v  on  the  ^^^viarter-Dtck.     Sivs,  tirai  ik- 
'jicard  /.o.i-fT  (t\;h.is  been  lUon>;.ly  foriificd  by  thre.- 
l-o:  :s  to  hiiidt  r  the  'coming  in  of  Vcifeis.    Si  vs, 
l!>t  full  of  thtfe  Forts  ih'- •■  ciiflc  wi?hi!\  twcn; . 
\  '•vis  of  loih  in  \  )ii'a;  in  .iiid  Cviniiii;  out,  and  \:  \ 
■irdlhat  V;ir  U  iv.'.i'l  coiii'-  wilhin  lci'<  Jr.  n 
.:•  Hundred  V    .  ;  of  it,  .ind  ihiaks  th.t  Kort 
!c  ta  fi.ik  .;nv  VtlF,;!  li.U  <.:\:\  jl!.-mpl  t^ 
1  lu-  three  For!.';  he  h-.ud  were  ccri p!v' .led 
.  .11  is-  m)vv  buildiu;;  tlu  N.  .k  of  1 

•  ;,ich  i.');.  s'.iJ;  I'xiius  ,  and  tint  it  \v.<!>l;.- 
■•  ;      ■  :      rdi  iri  I.lm^iU  jf  Wwi,^  ; 

•,  Uic  Vcivj-L-  from  Cipe  /'  •  . 

,   ,  nun,  wl'.'.i  hv  hi.'ard  w.(\ 

/  ,1-5  Mil  .  with  ^  Ch/.rt,  or 

I  I,  J  :  I  tu.idctho  Lsr.d  .tlxjiU  ■ 
line  hillver.  tiid  ihit  iht.-  I  i.;d  vi.is  i 
•.:u'i!<       'V' "   l.nu'-i  fn>!i  i  f  r  1  .r.vl   :  ■ 


JOHN  PETER  ZENGER 

*  Ministers  and  Officers  of  Our  said  Lord  the  King  of 

*  and  for  the  said  Province  to  bring  into  Suspicion 
'  and  the  ill  Opinion  of  the  Subjects  of  Our  said 

*  Lord  the  King  residing  within  the  said  Province) 

*  the  Tv^^enty-eighth  Day  of  yariuary^  in  the  seventh 

*  Year  of  the  Reign  of  Our  Sovereign  Lord  George 

*  the  second,  by  the  Grace  of  God  of  Great  Britain^ 

*  France  and  Ireland^  King,  Defender  of  the  Faith, 

*  &c.  at  the  City  of  New-York^  did  falsely,  seditiously 

*  and  scandalously  print  and  publish,  and  cause  to  be 

*  printed  and  published,  a  certain  false,  malicious,  se- 
'  ditiousy  scandalous  Libel,  entituled  The  New-York 

*  Weekly  fournal,  containing  the  freshest  Advices  for- 

*  eign  and  domestic k  ;  in  which  Libel  (of  and  concern- 

*  ing  His  Excellency  the  said  Governour,  and  the 

*  Ministers  and  Officers  of  Our  said  Lord  the  King, 

*  of  and  for  the  said  Province)  among  other  Things 

*  therein  contained  are  these  Words,  "  Your  Appear- 
**  ance  in  Print  at  last,  gives  a  Pleasure  to  many,  tho' 
"  the  most  wish  you  had  come  fairly  into  the  open 
"  Field,  and  not  appeared  behind  Retrenchments  made 
**  of  the  supposed  Laws  against  Libelling,  and  of 
**  what  other  Men  have  said  and  done  before  ;  these 
**  Retrenchments,  Gentlemen,  may  soon  be  shewn  to 
**  you  and  all  Men  to  be  weak,  and  to  have  neither 
**  Law  nor  Reason  for  their  Foundation,  so  cannot 
**  long  stand  you  in  stead  :  Therefore,  you  had  much 
**  better  as  yet  leave  them,  and  come  to  what  the 
"  People  of  this  City  and  Province  (the  City  and  Prov- 
**  ince  of  New-York  meaning)  think  are  the  Points 
"  in  Question  [to  witt)  They  (the  People  of  the  City 
**  and  Province  of  New-York  meaning)  think  as  Mat- 

65 


JOHN  PETER  ZENGER 


*  ters  now  stand,  that  their  LIBERTIES  and  PROP- 
'  ERTIES  are  precarious,  and  that  SLAVERY  //  like 

*  to  be  intailed  on  them  and  their  Posterity,  if  some  past 
'  Things  be  not  amended,  and  this  they  collect  from  many 
^  past  Proceedings y  (Meaning  many  of  the  past  Pro- 
ceedings of  His  Excellency  the  said  Governour,  and 
of  the  Ministers  and  Officers  of  our  said  Lord  the 
King,  of  and  for  the  said  Province.)  And  said  the 
Attorney  General  of  Our  said  Lord  the  King,  for 
Our  said  Lord  the  King,  likewise  gives  the  Court 
here  to  understand  and  be  informed,  that  the  said 
fohn  Peter  Zenger  afterwards  {to  wit)  the  eighth  Day 
of  April,  in  the  seventh  Year  of  the  Reign  of  Our 
said  Lord  the  King,  at  the  City  of  New-Tork  afore- 
said, did  falsely,  seditiously  and  scandalously  print  and 
publish,  and  cause  to  be  printed  and  published,  an- 
other false,  malicious,  seditious  and  scandalous  Li- 
bel, entituled  the  New  York  Weekly  Journal  contain- 
ing the freshest  Advices  foreign  and  domestic.  In  which 
Libel  (of  and  concerning  the  Government  of  the 
said  Province  of  New-Tork,  and  of  and  concerning 
His  Excellency  the  said  Governour,  and  the  Minis- 
ters and  Officers  of  Our  said  Lord  the  King,  of  and 
for  the  said  Province)  among  other  Things  therein 
contained,  are  these  Words,  "  One  of  our  Neighbors 
(one  of  the  Inhabitants  of  New-fersey  meaning) 
being  in  Company,  observing  the  Strangers  (some  of  the 
Inhabitants  of  New-Tork  meo-ning)  full  of  Complaints, 
endeavoured  to  persuade  them  to  remove  into  Jersey  ;  to 
which  it  was  replied,  that  would  be  leaping  out  of  the 
Frying  Pan  into  the  Fire ;  for,  says  he,  we  both  are 
under  the  same  Governour  (His  Excellency  the  said 

66 


JOHN  PETER  ZENGER 


**  Governour  meaning)  and  your  Assembly  have  shewn 
with  a  Witness  what  is  to  be  expected fro7n  them;  one 
**  that  was  then  moving  to  Pensilvania  (meaning  one 
**  that  was  then  removing  from  New-York^  with  in- 
"  tent  to  reside  at  Pensilvania^  to  which  Place  it  is  re- 
**  ported  several  considerable  Men  are  removing  (from 
"  New-York  meaning)  expressed  in  Terms  very  moving, 
much  Concern  for  the  Circumstances  ^New-York  (the 
'*  bad  Circumstances  of  the  Province  and  People  of 
"  New-York  meaning)  "  seemed  to  think  them  very  much 
**  owing  to  the  Injiuence  that  some  Men  (whom  he  called 
"  Tools^  had  in  the  Administration  (meaning  the  Ad- 
•*  ministration  of  Government  of  the  said  Province 
**  of  New-York)  said  he  was  now  going  from  them,  and 
**  was  not  to  be  hurt  by  any  Measures  they  should  take, 
"  but  could  not  help  having  some  Concern  for  the  Welfare 
"  of  his  Country-Men,  and  should  be  glad  to  hear  that 
**  the  Assembly  (meaning  the  General  Assembly  of  the 
'*  Province  of  New-York)  would  exert  themselves  as  be- 
"  came  them,  by  shewing  that  they  have  the  Interest  of 
**  their  Country  more  at  Heart,  than  the  Gratification  of 
"  any  private  View  of  any  of  their  Members,  or  bemg  at 
**  all  affected,  by  the  Smiles  or  Frowns  of  a  Governour 
**  (His  Excellency  the  said  Governour  meaning)  both 
**  which  ought  equally  to  be  despised,  when  the  Interest  of 
**  their  Country  is  at  stake.  You,  says  he,  co7nplain  of 
"  the  Lawyers,  but  I  think  the  Law  it  self  is  at  an  End, 
"WE  (the  People  of  the  Province  of  New-York 
meaning)  SEE  MENS  DEEDS  DESTROYED, 
"  JUDGES  ARBITRARILY  DISPLACED,  NEW 
"  COURTS  ERECTED  WITHOUT  CONSENT 
"  OF  THE  LEGISLATURE  (within  the  Province 

67 


JOHN  PETER  ZENGER 


''New-York,  meaning)  BY  WHICH  IT  SEEMS 
"TO  ME,  TRYALS  BY  JURIES  ARE  TAKEN 
"AWAY  WHEN  A  GOVERNOUR  PLEASES, 
"  (His  Excellency  the  said  Governour  meaning) 
"MEN  OF  KNOWN  ESTATES  DENIED 
"  THEIR  VOTES,  CONTRARY  TO  THE  RE- 
"CEIVED  PRACTICE,  THE  BEST  EXPOSI- 
"  TOR  OF  ANY  LAW  :  Who  is  then  in  that  Prov- 
**  ince  (meaning  the  Province  of  New-Torky)  that  call 
"  (can  call  meaning)  any  Thing  his  own,  or  enjoy  any 
Libery  (Liberty  meaning)  longer  than  those  in  the 
"  Administration  (meaning  the  Administration  of  Gov- 
**  ernment  of  the  said  Province  of  New-Tork)  will 
"  condescend  to  let  them  do  it,  for  which  Reason  I  have 
"  left  ity  (the  Province  of  New-Tork  meaning)  as  I 
"  believe  more  will.''    To  the  great  Disturbance  of 

*  the  Peace  of  the  said  Province  of  New-Tork,  to  the 

*  Great  Scandal  of  Our  said  Lord  the  King,  of  His 

*  Excellency  the  said  Governor,  and  of  all  others  con- 

*  cerned  in  the  Administration  of  the  Government  of 

*  the  said  Province,  and  against  the  Peace  of  Orr 

*  Sovereign  Lord  the  King  His  Crow^n  and  Dignity, 

*  &c.   Whereupon  the  said  Attorney  General  of  Our 

*  said  Lord  the  King,  for  Our  said  Lord  the  King, 

*  prays  the  Advisement  of  the  Court  here,  in  the 

*  Premises,  and  the  due  Process  of  the  Law,  against 

*  him  the  said  John  Peter  Zenger,  in  this  Part  to  be 

*  done,  to  answ^er  to  Our  said  Lord  the  King  of  and 

*  in  the  Premises,  &c. 

*  R.  Bradley,  Attorney  General. 
To  this  Information  the  Defendant  has  pleaded 
Not  Guilty,  and  w^e  are  ready  to  prove  it. 

68 


JOHN  PETER  ZENGER 

Mr.  Chambers  has  not  been  pleased  to  favour  me 
with  his  Notes f  so  I  cannot,  for  fear  of  doing  him  In- 
justice, pretend  to  set  down  his  Argument ;  But  here  Mr. 
Chambers  set  forth  very  clearly  the  Nature  of  a  Libel, 
the  great  Allowances  that  ought  to  he  made  for  what 
Men  speak  or  write,  'That  in  all  Libels  there  must  be 
some  particular  Persons  so  clearly  poitited  out,  that  no 
Doubt  must  remain  about  who  is  fneant;  That  he  was  in 
hopes  Mr.  Attorney  would  fail  in  his  Proof  as  to  this 
Point;  and  therefore  desired  that  he  would  go  on  to  ex- 
amine his  Witnesses. 

Then  Mr.  Hamilton,  who  at  the  Request  of 
some  of  my  Friends,  was  so  kind  as  to  come  from 
Philadelphia  to  assist  me  on  the  Tryal,  spoke. 

Mr.  Hamilton.  May  it  Please  your  Honour;  I 
am  concerned  in  this  Cause  on  the  Part  of  Mr. 
Zenger  the  Defendant.  The  Information  against 
my  Client  was  sent  me,  a  few  Days  before  I  left 
Home,  with  some  Instructions  to  let  me  know  how 
far  I  might  rely  upon  the  Truth  of  those  Parts  of 
the  Papers  set  forth  in  the  Information,  and  which 
are  said  to  be  libellous.  And  tho'  I  am  perfectly 
of  the  Opinion  with  the  Gentleman  who  has  just 
now  spoke,  on  the  same  Side  with  me,  as  to  the  com- 
mon Course  of  Proceedings,  I  mean  in  putting  Mr. 
Attorney  upon  proving,  that  my  Client  printed  and 
published  those  Papers  mentioned  in  the  Informa- 
tion ;  yet  I  cannot  think  it  proper  for  me  (without 
doing  Violence  to  my  own  Principles)  to  deny  the 
Publication  of  a  Complaint,  which  I  think  is  the 
Right  of  every  free-born  Subject  to  make,  when  the 
Matters  so  published  can  be  supported  with  Truth ; 

69 


JOHN  PETER  ZENGER 


and  therefore  I'll  save  Mr.  Attorney  the  Trouble  of 
examining  his  Witnesses  to  that  Point;  and  I  do  (for 
my  Client)  confess,  that  he  both  printed  and  pub- 
lished the  two  News  Papers  set  forth  in  the  Infor- 
mation, and  I  hope  in  so  doing  he  has  committed 
no  Crime. 

Mr.  Attorney.  Then  if  Your  Honour  pleases, 
since  Mr.  Hamilton  has  confessed  the  Fact,  I  think 
our  Witnesses  may  be  discharged;  we  have  no 
further  Occasion  for  them. 

Mr.  Hamilton.  If  you  brought  them  here,  only 
to  prove  the  Printing  and  Publishing  of  these  News 
Papers,  we  have  acknowledged  that,  and  shall  abide 
by  it. 

Here  my  "Journeyman  and  two  Sons  {with  several 
others  subpoenaed  by  Mr.  Attorney^  to  give  Evidence 
against  me'j  were  discharged^  and  there  was  Silence  in 
the  Court  for  some  Time. 

Mr.  Chief  Justice.  Well  Mr.  Attorney ,  will  you 
proceed? 

Mr.  Attorney.  Indeed,  Sir,  as  Mr.  Hamilton  has 
confessed  the  Printing  and  Publishing  these  Libels, 
I  think  the  Jury  must  find  a  Verdict  for  the  King; 
for  supposing  they  were  true,  the  Law  says  that  they 
are  not  the  less  libellous  for  that;  nay  indeed  the 
Law  says,  their  being  true  is  an  Aggravation  of  the 
Crime. 

Mr.  Hamilton.  Not  so  neither,  Mr.  Attorney, 
there  are  two  Words  to  that  Bargain.  I  hope  it  is 
not  our  bare  Printing  and  Publishing  a  Paper,  that 
will  make  it  a  Libel :  You  will  have  something 
more  to  do,  before  you  make  my  Client  a  Libeller ; 


70 


JOHN  PETER  ZENGER 

for  the  Words  themselves  must  be  libellous,  that  is, 
falsCy  scandalouSy  and  seditious,  or  else   we  are  not 
guilty. 

As  Mr.  Attorney  has  fiot  been  pleased  to  favour  us 
with  his  Argument,  which  he  read,  or  with  the  Notes 
of  it,  we  cannot  take  upon  us  to  set  down  his  Words,  but 
only  to  show  the  Book  Cases  he  cited,  and  the  general 
Scope  of  his  Argument,  which  he  drew  from  those  Au- 
thorities. He  observed  upon  the  Excellency,  as  well  as 
Use  of  Govermnent,  and  the  great  Regard  and  Rever- 
ence, which  had  been  constantly  paid  to  it,  both  under  the 
Law  and  the  Gospel.  That  by  Government  we  were 
protected  in  our  Lives,  Religion  and  Properties ;  and  that 
for  these  Reasons,  great  Care  had  always  been  taken  to 
prevent  every  Thing  that  might  tend  to  scandalize  Mag- 
istrates, and  others  concerned  in  the  Administration  of 
the  Government,  especially  the  supreme  Magistrate.  And 
that  there  were  many  Instances  of  very  severe  fudg- 
ments,  and  of  Punishments  inficted  upon  such,  as  had 
attempted  to  bring  the  Government  into  Contempt;  by 
publishing  false  and  scurrilous  Libels  against  it,  or  by 
speaking  evil  and  scandalous  Words  of  Men  in  Author- 
ity ;  to  the  great  Disturbance  of  the  publick  Peace.  And 
to  support  this,  he  cited,  5  Coke  121.  (Suppose  it 
should  be  125.)  Wood's  Instit.  430.  2  Lilly  168. 
I  Hawkins  73.  11.  6.  From  these  Books  he  insisted, 
that  a  Libel  was  a  malicious  Defamation  of  any  Person, 
expressed  either  in  Printing  or  Writing,  Signs  or  Pic- 
tures, to  asperse  the  Reputation  of  one  that  is  alive,  or 
the  Memory  of  one  that  is  dead;  if  he  is  a  private  Man, 
the  Libeller  deserves  a  severe  Punishm.ent,  but  if  it  is 
against  a  Magistrate  or  other  publick  Person,  it  is  a 


71 


JOHN  PETER  ZENGER 

greater  Offence ;  for  this  concerns  not  only  the  Breach 
of  the  Peace ^  but  the  Scandal  of  the  Government ;  for 
what  greater  Scandal  of  Government  can  there  be,  than 
to  have  corrupt  or  wicked  Magistrates  to  be  appointed 
by  the  King,  to  govern  his  Subjects  under  him  ?  And  a 
greater  Imputation  to  the  State  cannot  be,  than  to  suffer 
such  corrupt  Men  to  sit  in  the  sacred  Seat  of  fustice,  or 
to  have  any  Medling  in,  or  concerning  the  Administra- 
tion of  "Justice :  And  from  the  same  Books  Mr.  Attorney 
insisted,  that  whether  the  Person  defamed  is  a  private 
Man  or  a  Magistrate,  whether  living  or  Dead,  whether 
the  Libel  is  true  or  false,  or  if  the  Party  against  whom 
it  is  made  is  of  good  or  evil  Fame,  it  is  nevertheless  a 
Libel:  For  in  a  settled  State  of  Government,  the  Party 
grieved  ought  to  complain  for  every  Injury  done  him,  in 
the  ordinary  Course  of  the  Law.  And  as  to  its  Publi- 
cation, the  Law  had  taken  so  great  Care  of  Men's  Rep- 
utations, that  if  one  maliciously  repeats  it,  or  sings  it,  in 
the  Presence  of  another,  or  delivers  the  Libel  or  a  Copy 
of  it  over,  to  scandalize  the  Party,  he  is  to  be  punished 
as  a  Publisher  of  a  Libel.  He  said  it  was  likewise 
evident,  that  Libelling  was  an  Offence  against  the  Law 
of  God.  Act.  XX III.  5.  Then  said  Paul,  I  wist 
not.  Brethren,  that  he  was  the  High  Priest:  For  it 
is  written,  thou  shalt  not  speak  evil  of  the  Ruler  of 
the  People.  2  Pet.  X.  i\.  Despise  Government, 
presumptuous  are  they,  self  willed,  they  are  not 
afraid  to  speak  evil  of  Dignities,  &c.  He  then  in- 
sisted that  it  was  clear,  both  by  the  Law  of  God  and 
Man,  That  it  was  a  very  great  Offence  to  speak  evil 
of,  or  to  revile  those  in  Authority  over  us;  and  that 
Mr.  Zenger  had  offended  in  a  most  notorious  and  gross 

72 


JOHN  PETER  ZENGER 

Manner^  in  scandalizing  His  Excellency  our  Governour^ 
who  is  the  King  s  immediate  Representative,  and  the 
supream  Magistrate  of  this  Province :  For  can  there  be 
any  Thing  more  scandalous  said  of  a  Governour  than 
what  is  published  in  those  Papers  ?  Nay,  not  only  the 
Governour,  but  both  the  Council  and  Assembly  are  scan- 
dalized; for  there  it  is  plainly  said.  That  as  Matters 
now  stand,  their  Liberties  and  Properties  are  preca- 
rious, and  that  Slavery  is  like  to  be  entailed  on  them 
and  their  Posterity,  And  then  again  Mr.  Zenger 
says.  The  Assembly  ought  to  despise  the  Smiles  or 
Frowns  of  a  Governour;  That  he  thinks  the  Law  is 
at  an  end;  That  we  see  Men's  Deeds  destroyed. 
Judges  arbitrarily  displaced,  new  Courts  erected, 
without  Consent  of  the  Legislature  ;  And  That  it 
seems  Tryals  by  Juries  are  taken  away  when  a  Gov- 
ernour pleases  ;  That  none  can  call  any  Thing  their 
own,  longer  than  those  in  the  Administration  will 
condescend  to  let  them  do  it.  .  .  .  And  Mr.  Attor- 
ney added,  that  he  did  not  k?iow  what  could  be  said  in 
Defe7ise  of  a  Man,  that  had  so  notoriously  scandalized 
the  Governour  and  principal  Magistrates  and  Officers  of 
the  Government,  by  charging  them  with  depriving  the 
People  of  their  Rights  and  Liberties,  and  taking  away 
Tryals  by  furies,  and  in  short ;  putting  an  End  to  the 
Law  itself  .  .  .  If  this  was  not  a  Libel,  he  said,  he 
did  not  know  what  was  one.  Such  Persons  as  will  take 
those  Liberties  with  Governours  and  Magistrates,  he 
thought  ought  to  suffer  for  stirring  up  Sedition  and  Dis- 
content among  the  People.  And  concluded  by  saying, 
that  the  Government  had  been  very  much  traduced  and 
exposed  by  Mr.  Zenger  before  he  was  taken  Notice  of; 


73 


JOHN  PETER  ZENGER 


that  at  last  it  was  the  Opinion  of  the  Governour  and 
Council^  that  he  ought  not  to  be  suffered  to  go  on^  to  dis- 
turb the  Peace  of  the  Government ;  by  publishing  such 
Libels  against  the  Governour^  and  the  chief  Persons  in 
the  Government ;  And  therefore  they  had  directed  this 
Prosecution^  to  put  a  Stop  to  this  scandalous  and  wicked 
Practice^  of  libelling  and  defaming  his  Majesty's  Gov- 
ernment and  disturbing  his  Majesty's  Peace. 

Mr.  Chambers  then  sum' d  up  to  the  fury^  observ- 
ing with  great  Strength  of  Reason  on  Mr.  Attorney's  De- 
fect of  Proof  that  the  Papers  in  the  Information  were 
False,  Malicious  or  Seditious,  which  was  incumbent  on 
him  to  prove  to  the  fury^  and  without  which  they  could 
not  on  their  Oaths  say^  That  they  were  so,  as  charged. 

Mr.  Hamilton.  May  it  please  Your  Honour ;  I 
agree  with  Mr.  Attorney,  that  Government  is  a 
sacred  Thing,  but  I  differ  very  widely  from  him  when 
he  would  insinuate,  that  the  just  Complaints  of  a 
Number  of  Men,  who  suffer  under  a  bad  Adminis- 
tration, is  libelling  that  Administration.  Had  I  be- 
lieved that  to  be  Law,  I  should  not  have  given  the 
Court  the  Trouble  of  hearing  any  Thing  that  I  could 
say  in  this  cause.  I  own,  when  I  read  the  Informa- 
tion, I  had  not  the  Art  to  find  out  (without  the  Help 
of  Mr.  Attorney's  Innuendo's^  that  the  Governor 
was  the  Person  meant  in  every  Period  of  that  News 
Paper ;  and  I  was  inclined  to  believe,  that  they  were 
wrote  by  some,  who  from  an  extraordinary  Zeal  for 
Liberty,  had  misconstrued  the  Conduct  of  some  Per- 
sons in  Authority  into  Crimes;  and  that  Mr.  Attor- 
ney out  of  his  too  great  Zeal  for  Power,  had  exhib- 
ited this  Information,  to  correct  the  Indiscretion  of 


74 


JOHN  PETER  ZENGER 


my  Client ;  and  at  the  same  Time,  to  shew  his  Su- 
periors the  great  Concern  he  had,  lest  they  should 
be  treated  with  any  undue  Freedom.  But  from  what 
Mr.  Attorney  has  just  now  said,  to  wit.  That  this 
Prosecution  was  directed  by  the  Governour  and  Coun- 
cil, and  from  the  extraordinary  Appearance  of  People 
of  all  Conditions,  which  I  observe  in  Court  upon  this 
Occasion,  I  have  Reason  to  think,  that  those  in  the 
Administration  have  by  this  Prosecution  some-thing 
more  in  View,  and  that  the  People  believe  they  have 
a  good  deal  more  at  Stake,  than  I  apprehended  : 
And  therefore,  as  it  is  become  my  Duty,  to  be  both 
plain  and  particular  in  this  Cause,  I  beg  Leave  to 
bespeak  the  Patience  of  the  Court. 

I  was  in  Hopes,  as  that  terrible  Court,  where 
those  dreadful  Judgments  were  given,  and  that  Law 
established,  which  Mr.  Attorney  has  produced  for 
Authorities  to  support  this  Cause,  was  long  ago  laid 
aside,  as  the  most  dangerous  Court  to  the  Liberties 
of  the  People  of  England,  that  ever  was  known  in 
that  Kingdom;  that  Mr.  Attorney  knowing  this, 
would  not  have  attempted  to  set  up  a  Star-Chamber 
here,  nor  to  make  their  Judgments  a  Precedent  to 
us:  For  it  is  well  known,  that  what  would  have 
been  judg' d  Treason  in  those  Days  for  a  Man  to 
speak,  I  think,  has  since  not  only  been  practiced  as 
lawful,  but  the  contrary  Doctrine  has  been  held  to 
be  Law. 

In  Brewster  s  Case,  for  printing.  That  the  Sub- 
jects might  defend  their  Rights  and  Liberties  by  Arms, 
in  case  the  King  should  go  about  to  destroy  them,  he 
was  told  by  the  Chief  Justice  that  it  was  a  great 

75 


« 


JOHN  PETER  ZENGER 

Mercy,  he  was  not  proceeded  against  for  his  Life; 
for  that  to  say,  the  King  could  be  resisted  by  Arms 
in  any  Case  whatsoever,  was  express  Treason.  And 
yet  we  see  since  that  Time,  Dr.  Sacheverell  was  sen- 
tenced in  the  highest  Court  in  Great  Britain^  for 
saying.  That  such  a  Resistance  was  not  lawful.  Be- 
sides, as  Times  have  made  very  great  Changes  in  the 
Laws  of  Englandy  so  in  my  Opinion  there  is  good 
Reason  that  Places  should  do  so  too. 

Is  it  not  surprising  to  see  a  Subject,  upon  his 
receiving  a  Commission  from  the  King  to  be  a  Gov- 
ernor of  a  Colony  in  America,  immediately  imagin- 
ing himself  to  be  vested  with  all  the  Prerogatives 
belonging  to  the  sacred  Person  of  his  Prince  ?  And 
which  is  yet  more  astonishing,  to  see  that  a  People 
can  be  so  wild  as  to  allow  of,  and  acknowledge  those 
Prerogatives  and  Exemptions,  even  to  their  own 
Destruction?  Is  it  so  hard  a  Matter  to  distinguish 
between  the  Majesty  of  our  Sovereign,  and  the 
Power  of  a  Governor  of  the  Plantations?  Is  not  this 
making  very  free  with  our  Prince,  to  apply  th?»t 
Regard,  Obedience  and  Allegiance  to  a  Subject 
which  is  due  only  to  Our  Sovereign?  And  yet  in 
all  the  Cases  which  Mr.  Attorney  has  cited,  to  show 
the  Duty  and  Obedience  we  owe  to  the  Supreme 
Magistrate,  it  is  the  King  that  is  there  meant  and 
understood,  tho'  Mr.  Attorney  is  pleased  to  urge 
them  as  Authorities  to  prove  the  Heinousness  of 
Mr.  Zengers  offence  against  the  Governor  of  New- 
York.  The  several  Plantations  are  compared  to  so 
many  large  Corporations,  and  perhaps  not  improp- 
erly ;  and  can  any  one  give  an  Instance,  that  the 

76 


JOHN  PETER  ZENGER 


Mayor  or  Head  of  a  Corporation,  ever  put  in  a  Claim 
to  the  sacred  Rights  of  Majesty  ?  Let  us  not  (while 
we  are  pretending  to  pay  a  great  Regard  to  our 
Prince  and  His  Peace)  make  bold  to  transfer  that 
Allegiance  to  a  Subject,  which  we  owe  to  our  King 
only.  What  strange  Doctrine  is  it,  to  press  every 
Thing  for  Law  here  which  is  so  in  England?  I 
believe  we  should  not  think  it  a  Favour,  at  present 
at  least,  to  establish  this  Practice.  In  England  so 
great  a  Regard  and  Reverence  is  had  to  the  Judges,* 
that  if  any  man  strike  another  in  Westminster  Hall^ 
while  the  Judges  are  sitting,  he  shall  lose  his  Right 
Hand,  and  forfeit  his  Land  and  Goods,  for  so  doing. 
And  tho*  the  Judges  here  claim  all  the  Powers  and 
Authorities  within  this  Government,  that  a  Court 
of  King's  Bench  has  in  Englajid,  yet  I  believe  Mr. 
Attorney  will  scarcely  say,  that  such  a  Punishment 
could  be  legally  inflicted  on  a  Man  for  committing 
such  an  Offence,  in  the  Presence  of  the  Judges  sit- 
ting in  any  Court  within  the  Province  of  New- 
York.  The  Reason  is  obvious ;  a  Quarrel  or  Riot 
in  New-Tork  cannot  possibly  be  attended  with  those 
dangerous  Consequences  that  it  might  in  Westmin- 
ster Hall ;  nor  (I  hope)  will  it  be  alledged,  than  any 
Misbehaviour  to  a  Governor  in  the  Plantations  will, 
or  ought  to  be,  judged  of  or  punished,  as  a  like 
Undutifulness  would  be,  to  Our  Sovereign.  From 
all  which,  I  hope  Mr.  Attorney  will  not  think  it 
proper  to  apply  his  Law-Cases  (to  support  the  Cause 
of  his  Governor)  which  have  only  been  judged, 
where  the  King's  Safety  or  Honour  was  concerned. 

*C.     3  Inst.  140. 


77 


JOHN  PETER  ZENGER 

It  will  not  be  denied  but  that  a  Freeholder  in  the 
Province  of  New-Tork  has  as  good  a  Right  to  the 
sole  and  separate  Use  of  his  Lands,  as  a  Freeholder 
in  England^  who  has  a  Right  to  bring  an  Action  of 
Trespass  against  his  Neighbour,  for  suffering  his 
Horse  or  Cow  to  come  and  feed  upon  his  Land  or 
eat  his  Corn,  whether  inclosed  or  not  inclosed;  and 
yet  I  believe  it  would  be  looked  upon  as  a  strange 
Attempt,  for  one  Man  here,  to  bring  an  Action 
against  another,  whose  Cattle  and  Horses  feed  upon 
his  Grounds  not  inclosed,  or  indeed  for  eating  and 
treading  down  his  Corn,  if  that  were  not  inclosed. 
Numberless  are  the  Instances  of  this  Kind  that 
might  be  given,  to  shew,  that  what  is  good  Law  at 
one  Time  and  in  one  Place,  is  not  so  at  another 
Time  and  in  another  Place ;  so  that  I  think,  the 
Law  seems  to  expect,  that  in  these  Parts  of  the 
World  Men  should  take  Care,  by  a  good  Fence,  to 
preserve  their  Property,  from  the  Injury  of  unruly 
Beasts.  And  perhaps  there  may  be  as  good  Reason 
why  Men  should  take  the  same  Care,  to  make  an 
honest  and  upright  Conduct  a  Fence  and  Security 
against  the  Injury  of  unruly  Tongues. 

Mr.  Attorney.  I  don't  know  what  the  Gentle- 
man means,  by  comparing  Cases  of  Freeholders  in 
England  with  the  Freeholders  here.  What  has  this 
Case  to  do  with  Actions  of  Trespass,  or  Men's  Fenc- 
ing their  Ground  ?  The  Case  before  the  Court  is, 
whether  Mr.  Zenger  is  guilty  of  Libelling  His  Ex- 
cellency the  Governor  of  New-Torky  and  indeed  the 
whole  Administration  of  the  Government  ?  Mr. 
Hamilton  has  confessed  the  Printing  and  Publishing, 

78 


JOHN  PETER  ZENGER 


and  I  think  nothing  is  plainer,  than  that  the  Words 
in  the  Information  are  scandalous^  and  tend  to  sedition y 
and  to  disquiet  the  Mi?ids  of  the  People  of  this  Province. 
And  if  such  Papers  are  not  Libels,  I  think  it  may- 
be said,  there  can  be  no  such  Thing  as  a  Libel. 

Mr.  Hamilton.  May  it  please  Your  Honour  ;  I 
cannot  agree  with  Mr,  Attorney :  For  tho'  I  freely 
acknowledge,  that  there  are  such  Things  as  Libels, 
yet  I  must  insist  at  the  same  Time,  that  what  my 
Client  is  charged  with,  is  not  a  Libel  ;  and  I  ob- 
served just  now,  that  Mr.  Attorney  in  defining  a 
Libel,  made  use  of  the  Words,  scandalous^  seditious y 
a?id  tend  to  disquiet  the  People ;  but  (whether  with  De- 
sign or  not  I  will  not  say)  he  omitted  the  Word 
false. 

Mr.  Attorney.  I  think  I  did  not  omit  the  Word 
false  :  But  it  has  been  said  already,  that  it  may  be  a 
Libel,  notwithstanding  it  may  be  true. 

Mr.  Hamilton.  In  this  I  must  still  differ  with 
Mr.  Attorney ;  for  I  depend  upon  it,  we  are  to  be 
tried  upon  this  Information  now  before  the  Court 
and  Jury,  and  to  which  we  have  pleaded  Not  Guilty y 
and  by  it  we  are  charged  with  Printing  and  publish- 
ing a  certain  falsey  maliciouSy  seditious  and  scandalous 
Libel.  This  Word  false  must  have  some  Meaning, 
or  else  how  came  it  there?  I  hope  Mr.  Attorney 
will  not  say,  he  put  it  there  by  Chance,  and  I  am 
of  Opinion  his  Information  would  not  be  good 
without  it.  But  to  shew  that  it  is  the  principal 
Thing  which,  in  my  Opinion,  makes  a  Libel,  I  put 
the  Case,  the  Information  had  been  for  printing  and 
publishing  a  certain  true  Libel,  would  that  be  the 


79 


JOHN  PETER  ZENGER 

same  thing  ?  Or  could  Mr.  Attorney  support  such  an 
Information  by  any  Precedent  in  the  English  Law? 
No,  the  Falsehood  makes  the  Scandal,  and  both 
make  the  Libel.  And  to  shew  the  Court  that  I  am 
in  good  Earnest,  and  to  save  the  Court's  Time, 
and  Mr.  Attorney's  Trouble,  I  will  agree,  that 
if  he  can  prove  the  Facts  charged  upon  us,  to  be 
false^  I'll  own  them  to  be  scandalous^  seditious^  and 
a  Libel.  So  the  Work  seems  now  to  be  pretty 
much  shortened,  and  Mr.  Attorney  has  now  only 
to  prove  the  Words  false,  in  order  to  make  us 
Guilty. 

Mr,  Attorney.  We  have  nothing  to  prove;  you 
have  confessed  the  Printing  and  Publishing ;  but  if 
it  was  necessary  (as  I  insist  it  is  not)  how  can  we 
prove  a  Negative  ?  But  I  hope  some  Regard  will 
be  had  for  the  Authorities  that  have  been  produced, 
and  that  supposing  all  the  Words  to  be  true,  yet 
that  will  not  help  them,  that  Chief  Justice  Holt  in 
his  Charge  to  the  Jury,  in  che  Case  of  Tutchin,  made 
no  Distinction,  whether  Tutchin's  Papers  were  true 
or  false ;  and  as  Chief  Justice  Holt  has  made  no 
Distinction  in  that  Case,  so  none  ought  to  be  made 
here  ;  nor  can  it  be  shewn  in  all  that  Case,  there 
was  any  Question  made  about  their  being  false  or 
true. 

Mr.  Hamilton.  I  did  expect  to  hear,  That  a 
Negative  cannot  be  proved  ;  but  every  Body  knows 
there  are  many  Exceptions  to  that  general  Rule  : 
For  if  a  Man  is  charged  with  killing  another,  or 
stealing  his  Neighbour's  Horse,  if  he  is  innocent  in 
the  one  Case,  he  may  prove  the  Man  said  to  be 

80 


JOHN  PETER  ZENGER 

killed,  to  be  really  alive  ;  and  the  Horse  said  to  be 
stolen,  never  to  have  been  out  of  his  Master's  Stable, 
&c.,  and  this,  I  think,  is  proving  a  Negative.  But 
vv^e  save  Mr.  Attorney  the  Trouble  of  proving  a 
Negative,  and  take  the  Onus  probandi  upon  ourselves, 
and  prove  those  very  Papers  that  are  called  Libels  to 
be  true. 

Mr.  Ch.  Justice.  You  cannot  be  admitted,  Mr. 
Hamiltofi,  to  give  the  Truth  of  a  Libel  in  Evidence. 
A  Libel  is  not  to  be  justified ;  for  it  is  nevertheless 
a  Libel  that  it  is  true. 

Mr.  Hamilton.  I  am  sorry  the  Court  has  so  soon 
resolved  upon  that  Piece  of  Law;  I  expected  first 
to  have  been  heard  to  that  Point.  I  have  not  in  all 
my  Reading  met  with  an  Authority  that  says,  we 
cannot  be  admitted  to  give  the  Truth  in  Evidence, 
upon  an  information  for  a  Libel. 

Mr.  Ch.  Justice.  The  Law  is  clear.  That  you 
cannot  justify  a  Libel. 

Mr.  Hamilton.  I  know  that,  may  it  please  Your 
Honour,  to  be  so ;  but,  with  Submission,  I  under- 
stand the  Word,  justify,  there,  to  be  a  justification 
by  Plea,  as  it  is  in  the  Case  upon  an  Indictment 
for  Murder,  or  an  Assault  and  Battery ;  there  the 
Prisoner  cannot  justify,  but  plead  Not  Guilty :  Yet  it 
will  not  be  denied  that  he  may,  and  always  is  ad- 
mitted, to  give  the  Truth  of  the  Fact,  or  any  other 
Matter,  in  Evidence,  which  goes  to  his  Acquital ; 
as  in  Murder,  he  may  prove  it  was  in  Defence  of  his 
Life,  his  House,  &c.,  and  in  Assault  and  Battery,  he 
may  give  in  Evidence,  that  the  other  Party  struck 
first,  and  in  both  Cases  he  will  be  acquitted.  And 

8i 


JOHN  PETER  ZENGER 

in  this  Sense  I  understand'  the  Word  justify^  when 
applied  to  the  Case  before  the  Court. 

Mr.  Ch.  'Justice,  I  pray  shew  that  you  can  give 
the  Truth  of  a  Libel  in  Evidence. 

Mr.  Hamilton.  I  am  ready,  both  from  what  I 
understand  to  be  the  Authorities  in  the  Case,  and 
from  the  Reason  of  the  Thing,  to  shew  that  we  may 
lawfully  do  so.  But  here  I  beg  leave  to  observe, 
That  Informations  for  Libels  is  a  Child,  if  not  born, 
yet  nursed  up,  and  brought  to  full  Maturity,  in  the 
Court  of  Star-Chamber. 

Mr.  Ch.  Justice.  Mr.  Hamiltoriy  you'll  find  your 
self  mistaken  ;  for  in  Coke  s  Institutes  you'll  find  In- 
formations for  Libels,  long  before  the  Court  of  Star- 
Chamber. 

Mr.  Hamilton.  I  thank  Your  Honour  ;  that  is 
an  Authority  I  did  propose  to  speak  to  by  and  by  : 
But  as  you  have  mention'd  it,  I'll  read  that  Author- 
ity now.  I  think  it  is  in  3  Co.  Inst,  under  Title 
Libel ;  it  is  the  Case  of  John  de  Northampton  for  a 
Letter  wrote  to  Robert  de  Ferrers,  one  of  the  King's 
privy  Council,*  concerning  Sir  William  Scot,  Chief 
Justice,  and  his  Fellows ;  but  it  does  not  appear  to 
have  been  upon  Information ;  and  I  have  good 
Grounds  to  say  it  was  upon  Indictment,  as  was  the 
Case  of  Adam  de  Ravens^worth,  just  mentioned  before 
by  Lord  Coke  under  the  same  Title ;  and  I  think 
there  cannot  be  a  greater,  at  least  a  plainer  Authority 
for  us,  than  the  Judgment  in  the  Case  of  John  de 
Northampton,  which  my  Lord  has  set  down  at  large. 
Et  quia  praedictus  Johannes  cognovit  dictam  Litteram 

*  Coke  3  Inst.  1 74. 

82 


JOHN  PETER  ZENGER 


per  se  scriptam  Roberto  de  Ferrers,  qui  est  de  Concilio 
Regisy  qua  litera  continet  in  se  nullam  veritatem,  &c. 
Now  Sir,  by  this  Judgment  it  appears  the  libellous 
Words  were  utterly  false,  and  there  the  Falsehood 
was  the  Crime,  and  is  the  Ground  of  that  Judgment: 
And  is  not  that  what  we  contend  for  ?  Do  not  we 
insist  that  the  Falsehood  makes  the  Scandal,  and  both 
make  the  Libel  ?  And  how  shall  it  be  known  whether 
the  Words  are  libellous,  that  is,  true  or  false,  but  by 
admitting  us  to  prove  them  true,  since  Mr.  Attorney 
will  not  undertake  to  prove  them  false  ?  Besides,  is 
it  not  against  common  Sense,  that  a  Man  should  be 
punished  in  the  same  Degree  for  a  true  Libel  (if  any 
such  Thing  could  be)  as  for  a  false  one  ?  I  know  it 
is  said,  That  Truth  makes  a  Libel  the  more  provoking,  and 
therefore  the  Offense  is  the  greater,  and  consequently  the 
Judgment  should  be  the  heavier.  Well,  suppose  it  were 
so,  and  let  us  agree  for  once.  That  Truth  is  a  greater 
Sin  than  Falsehood;  Yet  as  the  Offenses  are  not  equal, 
and  as  the  Punishment  is  arbitrary,  that  is,  according 
as  the  Judges  in  their  Discretion  shall  direct  to  be 
inflicted ;  is  it  not  absolutely  necessary  that  they 
should  know,  whether  the  Libel  is  true  or  false,  that 
they  may  by  that  Means  be  able  to  proportion  the 
Punishment  ?  For,  would  it  not  be  a  sad  Case,  if 
the  Judges,  for  want  of  a  due  Information,  should 
chance  to  give  as  severe  a  Judgment  against  a  Man 
for  writing  or  publishing  a  Lie,  as  for  writing  or 
publishing  a  Truth  ?  And  yet  this  (with  submission) 
as  monstrous  and  ridiculous  as  it  may  seem  to  be,  is 
the  natural  Consequence  of  Mr.  Attorney's  Doctrine, 
That  Truth  makes  a  'worse  Libel  than  Falsehood,  and 


83 


JOHN  PETE^  ZENGER 

must  follow  from  his  not  proving  our  Papers  to  be 
falsCy  or  not  suffering  us  to  prove  them  to  be  truf. 
But  this  is  only  reasoning  upon  the  Case,  and  I  will 
now  proceed  to  shew,  what  in  my  Opinion  will  be 
sufficient  to  induce  the  Court,  to  allow  us  to  prove 
the  Truth  of  the  Words,  which  in  the  Information 
are  called  libellous.  And  first,  I  think  there  cannot 
be  a  greater  Authority  for  us,  than  the  Judgment  I 
just  now  mentioned,  in  the  Case  of  John  de  North- 
ampton, and  that  was  in  early  Times,  and  before  the 
Star  Chamber  came  to  its  Fulness  of  Power  and  Wick- 
edness. In  that  Judgment,  as  I  observed,  the  False- 
hood of  the  Letter  which  was  wrote,  is  assigned  as  the 
very  Ground  of  the  Sentence.  And  agreeable  to  this 
it  was  urged  by  Sir  Robert  Sawyer in  the  Tryal  of 
the  Seven  Bishops,  That  the  Falsity,  the  Malice,  and 
Sedition  of  the  Writing,  were  all  Facts  to  be  proved.  But 
here  it  may  be  said.  Sir  Robert  was  one  of  the  Bishop's 
Council,  and  his  Argument  is  not  to  be  allowed  for 
Law  :  But  I  offer  it  only  to  shew  that  we  are  not 
the  first  who  have  insisted,  that  to  make  a  Writing 
a  Libel,  it  must  be  false.  And  if  the  Argument  of 
a  Council  must  have  no  Weight,  I  hope  there  will 
be  more  Regard  shewn  to  the  Opinion  of  a  Judge, 
and  therefore  I  mention  the  Words  of  Justice  Powel 
in  the  same  Tryal,  where  he  says  (of  the  Petition  of 
the  Bishops,  which  was  called  a  Libel,  and  upon 
which  they  were  persecuted  by  Information),  That 
to  make  it  a  Libel,  it  must  be  false  and  malicious,  and 
tend  to  Sedition;  and  declared,  as  he  saw  no  Falsehood 
or  Malice  in  it,  he  was  of  Opinion,  that  it  was  no  Libel. 

*  State  T ryali.  Vol.  4.. 

84 


JOHN  PETER  ZENGER 

Now  I  should  think  this  Opinion  alone,  in  the  Case 
of  the  King,  and  in  a  Case  which  that  King  had  so 
much  at  Heart,  and  which  to  this  Day  has  never 
been  contradicted,  might  be  a  sufficient  Authority,  to 
entitle  us  to  the  Liberty  of  proving  the  Truth  of  the 
Papers,  which  in  the  Information  are  called  falsCy 
malicious^  seditious  and  scandalous.  If  it  be  objected, 
that  the  Opinions  of  the  other  three  fudges  were  against 
hi?n^  I  answer.  That  the  Censures  the  Judgments  of 
these  Men  have  undergone,  and  the  Approbation  Jus- 
tice Power s  Opinion,  his  judgment  and  Conduct  upon 
that  Tryal  has  met  with,  and  the  Honour  he  gained 
to  himself,  for  daring  to  speak  Truth  at  such  a  Time, 
upon  such  an  Occasion,  and  in  the  Reign  of  such  a 
King,  is  more  than  sufficient,  in  my  humble  Opin- 
ion, to  warrant  our  insisting  on  his  Judgment,  as  a 
full  Authority  to  our  Purpose,  and  it  will  lye  upon 
Mr.  Attorney  to  shew,  that  this  Opinion  has  since 
that  Time  been  denied  to  be  Law,  or  that  Justice 
Powel  who  delivered  it,  has  ever  been  condemned  or 
blamed  for  it,  in  any  Law-Book  extant  at  this  Day, 
and  this  I  will  venture  to  say,  Mr.  Attorney  cannot 
do.  But  to  make  this  Point  yet  more  clear,  if  any 
Thing  can  be  clearer,  I  will  on  our  Part  proceed  and 
shew,  that  in  the  Case  of  Sir  Samuel  Barnardiston^  his 
Council,  notwithstanding  he  stood  before  one  of  the 
greatest  Monsters  that  ever  presided  in  an  English 
Court  (Judge  y^^r/Vj) ,  insisted  on  the  Want  of  Proof 
to  the  Malice  and  seditious  Intent  of  the  Author,  of 
what  was  called  a  Libel.  And  in  the  Case  of  Tutchin^ 
which  seems  to  be  Mr.  Attorney's  chief  Authority, 

State  Tryalsy  Vol.  V.  549. 

85 


JOHN  PETER  ZENGER 

that  Case  is  against  him  ;  for  he  was  upon  his  Tryal 
put  upon  shewing  the  Truth  of  his  Papers,  but  did 
not,  at  least  the  Prisoner  was  asked,  by  the  King's 
Council  whether  he  would  say  they  were  true  ?  And 
as  he  never  pretended,  that  they  were  true,  the  Chief 
Justice  was  not  to  say  so.  But  the  Point  will  still 
be  clearer  on  our  Side  from  Fuller  s  Case,  For  falsly 
and  wickedly  causing  to  be  printed  a  false  and  scandalous 
Libel y  in  which  [amongst  other  Things)  were  contained 
these  Words y  *  Mr.  Jones  has  also  made  Oath,  That  *  he 
^  paid  L.  5,000.  more  by  the  late  King's  Order y  to  sev- 

*  eral  Persons  in  Places  of  Trusty  that  they  might  com- 

*  pleat  my  Ruin,  and  invalidate  me  for  ever.  Nor  is  this 

*  all ;  for  the  same  Mr.  Jones  will  prove  by  undeniable 

*  Witness  and  Demonstration,  that  he  has  distributed  more 

*  than  L.  1 80,000.     Eight  Tears  last  past,  by  the  French 

*  King's  Order,  to  Persons  in  publick  Trust  in  this  King- 

*  dom.'  Here  you  see  is  a  scandalous  and  infamous 
Charge  against  the  late  King;  here  is  a  Charge  no 
less  than  High  Treason  against  the  Men  in  publick 
Trusty  for  receiving  Money  of  the  French  King,  then 
in  actual  War  with  the  Crown  of  Great  Britain ;  and 
yet  the  Court  were  far  from  bearing  him  down  with 
that  Star-Chamber  Doctrine,  to  wity  That  it  was  no 
mattery  whether  what  he  said  was  true  or  false ;  no,  on 
the  contrary,  Lord  Chief  Justice  Holt  asks  Fullery  Can 
you  make  it  appear y  they  are  true  ?  Have  you  any  Wit- 
nesses? Toutnight  have  had  Subpoena's  for  your  Wit- 
nesses against  this  day.  If  you  take  upon  you  to  write 
such  Things  as  you  are  charged  withy  it  lies  upon  you  to 
prove  them  truCy  at  your  Peril.  If  you  have  any  Wit- 
state  Tryals,  Vol.  V,  445. 

86 


JOHN  PETER  ZENGER 

nesses  I  will  hear  them.  How  came  you  to  write  those 
books  which  are  not  true  ?  If  yon  have  any  Witnesses, 
produce  them.  If  you  can  offer  any  Matter  to  prove  what 
you  have  wrote,  let  us  hear  it.  Thus  said,  thus  did,  that 
great  Man  Lord  Chief  Justice  Holt,  upon  a  Tryal  of 
the  like  Kind  with  ours,  and  the  Rule  laid  down  by 
him  in  this  Case  is.  That  he  who  will  take  upon  him  to 
write  Things,  it  lies  upon  him  to  prove  them  at  his  Peril. 
Now,  Sir,  we  have  acknowledged  the  Printing  and 
Publishing  of  those  Papers,  set  forth  in  the  Informa- 
tion, and  (with  the  Leave  of  the  Court)  agreeable 
to  the  Rule  laid  down  by  Chief  Justice  Holt,  we  are 
ready  to  prove  them  to  be  true,  at  our  Peril. 

Mr.  Ch.  yustice.     Let  me  see  the  book. 

Here  the  Court  had  the  case  under  Consideration,  a 
considerable  Time,  and  every  one  was  silent. 

Mr.  Ch.  "Just.  Mr.  Attorney,  you  have  heard 
what  Mr.  Hamilton  has  said,  and  the  Cases  he  has 
cited,  for  having  his  Witnesses  examined,  to  prove  the 
Truth  of  the  several  Facts  contained  in  the  Papers  set 
forth  in  the  Information,  what  do  you  say  to  it  ? 

Mr.  Attorney.  The  Law  in  my  opinion  is  very 
clear  ;  they  cannot  be  admitted  to  justify  a  Libel ;  for, 
by  the  Authorities  I  have  already  read  to  the  Court, 
it  is  not  the  less  a  Libel  because  it  is  true.  I  think 
I  need  not  trouble  the  Court  with  reading  the  Cases 
over  again  ;  the  Thing  seems  to  be  very  plain,  and  I 
submit  it  to  the  Court. 

Mr.  Ch.  Just.  Mr.  Hamilton,  the  Court  is  of 
the  Opinion,  you  ought  not  to  be  permitted  to  prove 
the  Facts  in  the  Papers  :  these  are  the  Words  of  the 
Book.     •  It  is  far  from  being  a  fustif cation  of  a  Libel, 

87 


JOHN  PETER  ZENGER 

*  that  the  Contents  thereof  are  true^  or  that  the  Person 

*  upon  whom  it  is  made^  had  a  bad  Reputation^  since  the 

*  greater  Appearance  there  is  of  Truth  in  any  malicious 

*  Invective y  so  much  the  more  provoking  it  is. 

Mr.  Hamilton.  These  are  Star  Chamber  Cases, 
and  I  was  in  hopes,  that  Practice  had  been  dead  with 
the  Court. 

Mr.  Ch.  Just.  Mr.  Hamilton^  the  Court  have  de- 
livered their  Opinion,  and  we  expect  you  will  use  us 
with  good  Manners ;  you  are  not  to  be  permitted  to 
argue  against  the  Opinion  of  the  Court. 

Mr.  Hamilton.  With  Submission,  I  have  seen  the 
Practice  in  very  great  Courts,  and  never  heard  it 
deemed  unmannerly  to  

Mr.  Ch.  fust.  After  the  Court  have  declared 
their  Opinion,  it  is  not  good  Manners  to  insist  upon 
a  Point,  in  which  you  are  over-ruled. 

Mr.  Hamilton.  I  will  say  no  more  at  this  Time  ; 
the  Court  I  see  is  against  us  in  this  Point ;  and  that 
I  hope  I  may  be  allowed  to  say. 

Mr.  Ch.  Just.  Use  the  Court  with  good  Man- 
ners, and  you  shall  be  allowed  all  the  Liberty  you  can 
reasonably  desire. 

Mr.  Hamilton.  I  thank  your  Honour.  Then,  Gen- 
tlemen of  the  Jury,  it  is  to  you  we  must  now  appeal, 
for  Witness,  to  the  Truth  of  the  Facts  we  have  of- 
fered, and  are  denied  the  Liberty  to  prove ;  and  let 
it  not  seem  strange,  that  I  apply  my  self  to  you  in 
this  Manner,  I  am  warranted  so  to  do,  both  by  Law 
and  Reason.  The  Last  supposes  you  to  be  summoned, 
out  of  the  Neighbourhood  where  the  Fact  is  alleged  to  be 
committed ;  and  the  Reason  of  your  being  taken  out 

88 


JOHN  PETER  ZENGER 

of  the  Neighbourhood  is,  because  you  are  supposed  to 
have  the  best  Knowledge  of  the  fact  that  is  to  be  tried. 
And  were  you  to  find  a  Verdict  against  my  client,  you 
must  take  upon  you  to  say,  the  Papers  referred  to  in 
the  Information,  and  which  we  acknowledge  we 
printed  and  published,  are  false^  scandalous  and  sedi- 
tious :  but  of  this  I  can  have  no  Apprehension.  You 
are  Citizens  of  New-York ;  you  are  really  what  the 
Law  supposes  you  to  be,  honest  and  lawful  Men  ;  and, 
according  to  my  Brief,  the  Facts  which  we  offer  to 
prove  were  not  committed  in  a  Corner  ;  they  are 
notoriously  known  to  be  true ;  and  therefore  in  your 
Justice  lies  our  Safety.  And  as  we  are  denied  the 
Liberty  of  giving  Evidence,  to  prove  the  Truth  of 
what  we  have  published,  I  will  beg  Leave  to  lay  it 
down  as  a  standing  Rule  in  such  Casess,  That  the  sup- 
pressing of  Evidence  ought  always  to  be  taken  for  the 
strongest  Evidence;  and  I  hope  it  will  have  that  Weight 
with  you.  But  since  we  are  not  admitted  to  exam- 
ine our  Witnesses,  I  will  endeavor  to  shorten  the 
Dispute  with  Mr.  Attorney,  and  to  that  End,  I  de- 
sire he  would  favor  us  with  some  Standard  Definition 
of  a  Libel,  by  which  it  may  be  certainly  known, 
whether  a  Writing  be  a  Libel,  yea  or  not. 

Mr.  Attorney.  The  Books,  I  think,  have  given 
a  very  full  definition  of  a  Libel ;  they  say  it  is  in  a 
strict  Sense  taken  for  a  malicious  Defamation^  expressed 
either  in  Printing  or  Writings  and  tending  either  to 
blacken  the  Memory  of  one  who  is  dead,  or  the  Reputa- 
tion of  one  who  is  alive,  and  to  expose  him  to  publick  Hatred, 
Contempt  or  Ridicule.  §  ?  But  it  is  said.  That  in  a  larger 

I  Hawk.    Chap.  LXXIII.    §  i  &  seq. 

89 


JOHN  PETER  ZENGER 

Sense  the  Notion  of  a  Libel  may  be  applied  to  any  Defa- 
mation whatsoever^  expressed  either  by  Signs  or  Pictures ^ 
as  by  fixing  up  a  Gallows  against  a  Man  s  Door^  or  by 
painting  him  in  a  shameful  and  ignominious  Manner.  ^  3 . 
And  since  the  chief  Cause  for  which  the  Law  so  severely 
punishes  all  Offences  of  this  Nature^  is  the  direct  Tend- 
ency of  them  to  a  Breach  of  Publick  Peace ^  by  provoking 
the  Parties  injured,  their  Friends  and  Families  to  Acts 
of  Revenge,  which  it  would  be  impossible  to  restrain  by 
the  severest  Laws,  were  there  no  Redress  from  Publick 
"Justice  for  Injuries  of  this  kind,  which  of  all  others  are 
most  sensibly  felt;  and  since  the  plain  Meaning  of  such 
Scandal,  as  is  expressed  by  Signs  or  Pictures,  is  as  obvi- 
ous to  common  Sense,  and  as  easily  understood  by  every 
common  Capacity,  and  altogether  as  provoking  as  that 
which  is  expressed  by  Writing  or  Printing,  why  should 
it  not  be  equally  criminal?  §  4.  And  from  the  same 
Ground  it  seemeth  also  clearly  to  follow.  That  such  Scan- 
dal as  is  expressed  in  a  scoffng  and  ironical  Manner, 
makes  a  Writing  as  properly  a  Libel,  as  that  which  is 
expressed  in  direct  Terms;  as  where  a  Writing,  in  a 
taunting  Manner  reckoning  up  several  Acts  of  public 
Charity  done  by  one,  says  You  will  not  play  the  Jew, 
nor  the  Hypocrite,  and  so  goes  on  in  a  Strain  of  Rid- 
icule to  insinuate,  that  what  he  did  was  owing  to  his  Vain- 
glory ;  or  where  a  Writing,  pretending  to  recommend  to 
one  the  Characters  of  several  great  Men  for  his  Imitation, 
instead  of  taking  Notice  of  what  they  are  generally  es- 
teemed famous  for,  pitched  on  such  ^alities  only  which 
their  Enemies  charge  them  with  the  Want  of,  as  by  propos- 
ing such  a  one  to  be  imitated  for  his  Courage,  who  is 
known  to  be  a  great  Statesman,  but  no  Soldier,  and  an- 


90 


JOHN  PETER  ZENGER 

other  to  be  imitated  for  his  Learningy  who  is  known  to  be 
a  great  General ^  but  no  Scholar^  &c.,  which  Kind  of  Writ- 
ing is  as  well  understood  to  mean  only  to  upbraid  the  Par- 
ties with  the  Want  of  these  ^alities,  as  if  it  had  directly 
and  expressly  done  so. 

Mr.  Hamilton.  Ay,  Mr.  Attorney ;  but  what 
certain  Standard  Rule  have  the  Books  laid  down,  by 
which  we  can  certainly  know,  whether  the  Words 
or  the  Signs  are  malicious?  Whether  they  are  de- 
famatory ?  Whether  they  tend  to  the  Breach  of  the 
Peace,  and  are  a  sufficient  Ground  to  provoke  a  Man, 
his  Family,  or  Friends  to  Acts  of  Revenge,  especially 
those  of  the  ironical  sort  of  Words  ?  And  what  Rule 
have  you  to  know  when  I  write  ironically  ?  I  think 
it  would  be  hard,  when  I  say,  such  a  Man  is  a  very 
worthy  honest  Gentleman^  and  of  fine  Understandings  that 
therefore  I  meant  he  was  a  Knave  or  a  fool. 

Mr.  Attorney.  I  think  the  Books  are  very  full ; 
it  is  said  in  i  Hawk,  p.  193.  just  now  read.  That  such 
Scandal  as  is  expressed  in  a  scojfing  and  ironical  Manner, 
?nakes  a  W riting  as  properly  a  Libel,  as  that  which  is 
expressed  in  direct  Terms ;  as  where  a  Writing,  in  a  taunt- 
ing Manner  says,  reckoning  up  several  Acts  of  Charity 
done  by  one,  says,  you  will  not  play  the  Jew  or  the 
Hypocrite,  and  so  goes  on  to  insinuate,  that  what  he  did 
was  owing  to  his  Vain-Glory,  &c.  Which  kind  of  Writ- 
ing is  as  well  understood  to  mean  only  to  upbraid  the  Par- 
ties with  the  Want  of  these  ^alities,  as  if  it  had  directly 
and  expressly  done  so.  I  think  nothing  can  be  plainer 
or  more  full  than  these  Words. 

Mr.  Hamilton.  I  agree  the  Words  are  very  plain 
and  I  shall  not  scruple  to  allow  (when  we  are  agreed 

91 


JOHN  PETER  ZENGER 

that  the  Words  are  false  and  scandalouSy  and  were 
spoken  in  an  ironical  and  scoffing  Manner ^  ©"c.)  that  they 
are  really  libellous ;  but  here  still  occurs  the  Uncer- 
tainty, which  makes  the  Difficulty  to  know,  what 
Words  are  scandalous  and  what  not ;  for  you  say,  they 
may  be  scandalous^  true  or  false ;  besides,  how  shall  we 
know  whether  the  Words  were  spoke  in  a  scoffing  and 
ironical  Manner ^  or  seriously  ?  Or  how  can  you  know 
whether  the  Man  did  not  think  as  he  wrote  ?  For 
by  your  Rule,  if  he  did,  it  is  no  Irony ,  and  conse- 
quently no  Libel.  But  under  Favour,  Mr.  Attorney,  I 
think  the  same  Book,  and  the  same  Section  will  shew 
us  the  only  Rule  by  which  all  these  Things  are  to  be 
known.  The  Words  are  these;  which  Kind  of  Writing 
is  as  well  UNDERSTOOD  to  mean  only  to  upbraid  the 
Parties  with  the  Want  of  these  ^alities^  as  if  they  had  di- 
rectly and  expressly  done  so.  Here  it  is  plain,  the  Words 
are  scandalous^  scoffing  and  ironical,  only  as  they  are 
UNDERSTOOD.  I  know  no  Rule  laid  down  in  the 
Books  but  this,  I  mean,  as  the  Words  are  understood. 

Mr.  Ch.  fust.  Mr.  Hamilton,  do  you  think  it  so 
hard  to  know,  when  Words  are  ironical,  or  spoke  in 
a  scoffing  Manner  ? 

Mr.  Hamilton.  I  own  it  may  be  known ;  but  I 
insist,  the  only  Rule  to  know  is,  as  I  do  or  can  un- 
derstand them  ;  I  have  no  other  Rule  to  go  by,  but 
as  I  understand  them. 

Mr.  Ch.  fust.  That  is  certain.  All  Words  are 
libellous,  or  not,  as  they  are  understood.  Those  who 
are  to  judge  of  the  Words,  must  judge  whether  they 
are  scandalous  or  ironical,  tend  to  the  Breach  of  the  Peace, 
or  are  seditious :  There  can  be  no  Doubt  of  it. 


92 


JOHN  PETER  ZENGER 


Mr.  Hamilton.  I  thank  your  Honour ;  I  am 
glad  to  find  the  Court  of  this  Opinion.  Then  it 
follows  that  those  twelve  Men  must  understand  the 
Words  in  the  Information  to  be  scandalous,  that  is  to 
say  false ;  for  I  think  it  is  not  pretended  they  are  of 
the  ironical  Sort;  and  when  they  understand  the  Words 
to  be  so,  they  will  say  we  are  guilty  of  Publishing  a 
false  Libel,  and  not  otherwise. 

Mr.  Ch.  Just.  No,  Mr.  Hamilton  the  Jury  may 
find  that  Zenger  printed  and  published  those  Papers, 
and  leave  it  to  the  Court  to  judge  whether  they  are 
libellous;  you  know  this  is  very  common;  it  is  in 
the  Nature  of  a  special  Verdict,  where  the  Jury  leave 
the  Matter  of  Law  to  the  Court. 

Mr.  Hamilton.  I  know,  may  it  please  Your  Hon- 
our, the  Jury  may  do  so ;  but  I  do  likewise  know, 
they  may  do  otherwise.  I  know  they  have  the  Right 
beyond  all  Dispute,  to  determine  both  the  Law  and 
the  Fact,  and  where  they  do  not  doubt  of  the  Law, 
they  ought  to  do  so.  This  of  leaving  it  to  the  Judg- 
ment of  the  Court,  whether  the  Words  are  libellous  or 
not,  in  Effect  renders  Juries  useless  (to  say  no  worse) 
in  many  Cases  ;  but  this  I  shall  have  Occasion  to  speak 
to  by  and  by ;  and  I  will  with  the  Court's  Leave 
proceed  to  examine  the  Inconveniences  that  must 
inevitably  arise  from  the  Doctrines  Mr.  Attorney  has 
laid  down  ;  and  I  observe,  in  support  of  this  Prose- 
cution, he  has  frequently  repeated  the  Words  taken 
from  the  Case  of  Libel,  famosus,  in  5  Co.  This  is 
indeed  the  leading  case,  and  to  which  almost  all  the 
other  Cases  upon  the  Subject  of  Libels  do  refer ;  and 
I  must  insist  upon  saying.  That  according  as  this  Case 


93 


JOHN  PETER  ZENGER 

seems  to  be  understood  by  the  [Court]  and  Mr.  At- 
torney, it  is  not  Law  at  this  Day  :  For  thou'  I  own 
it  to  be  base  and  unworthy  to  scandalize  any  Man, 
yet  I  think  it  is  even  villanous  to  scandalize  a  Person 
of  publick  Character,  and  I  will  go  so  far  into  Mr. 
Attorney's  Doctrine  as  to  agree,  that  if  the  faults. 
Mistakes,  nay  even  the  Vices  of  such  a  Person  be 
private  and  personal,  and  don't  affect  the  Peace  of 
the  Publick,  or  the  Liberty  or  Property  of  our 
Neighbour,  it  is  unmanly  and  unmannerly  to  expose 
them  either  by  Word  or  Writing.  But  when  a 
Ruler  of  the  People  brings  his  personal  Failings,  but 
much  more  his  Vices,  into  his  Administration,  and 
the  People  find  themselves  affected  by  them,  either 
in  their  Liberties  or  Properties,  that  will  alter  the 
Case  mightily,  and  all  the  high  Things  that  are  said 
in  Favour  of  Rulers,  and  of  Dignities,  and  upon  the 
side  of  Power,  will  not  be  able  to  stop  People's 
Mouths  when  they  feel  themselves  oppressed,  I 
mean  in  a  free  Government.  It  is  true  in  Times 
past  it  was  a  crime  to  speak  Truth,  and  in  that  ter- 
rible Court  of  Star  Chamber,  many  worthy  and  brave 
Men  suffered  for  so  doing ;  and  yet  even  in  that 
Court,  and  in  those  bad  Times,  a  great  and  good 
Man  durst  say,  what  I  hope  will  not  be  taken  amiss 
of  me  to  say  in  this  Place,  to  wit.  The  Practice  of  in- 
formations for  Libels  is  a  Sword  in  the  Hands  of  a  wicked 
King,  and  an  arrant  Coward,  to  cut  down  and  destroy 
the  innocent ;  the  one  cannot,  because  of  his  high  Station, 
and  the  other  dares  not,  because  of  his  want  of  Courage, 
revenge  himsef  in  another  Manner. 

Mr.  Attorney.    Pray  Mr.  Hamilton,  have  a  Care 


94 


JOHN  PETER  ZENGER 


what  you  say,  don't  go  too  far  neither,  I  don't  like 
those  Liberties. 

Mr.  Hamilton.  Sure,  Mr.  Attorney,  you  won't 
make  any  Applications;  all  Men  agree  that  we  are 
governed  by  the  best  of  Kings,  and  I  cannot  see  the 
Meaning  of  Mr.  Attorney's  Caution;  my  well  known 
Principles,  and  the  Sense  I  have  of  the  Blessings  we 
enjoy  under  His  present  Majesty,  makes  it  impossible 
for  me  to  err,  and  I  hope,  even  to  be  suspected,  in 
that  Point  of  Duty  to  my  King.  May  it  please 
Your  Honour,  I  was  saying,  That  notwithstanding 
all  the  Duty  and  Reverence  claimed  by  Mr.  Attor- 
ney to  Men  in  Authority,  they  are  not  exempt  from 
observing  the  Rules  of  Common  Justice,  even  in 
their  private  or  public  Capacities;  the  Laws  of  our 
Mother  Country  know  no  Exemption.  It  is  true. 
Men  in  Power  are  harder  to  be  come  at  for  Wrongs 
they  do,  either  to  a  private  Person,  or  to  the  Pub- 
lick;  especially  a  Governor  in  the  Plantations,  where 
they  insist  upon  an  Exemption  from  answering  Com- 
plaints of  any  Kind  in  their  own  Government.  We 
are  indeed  told,  and  it  is  true  they  are  obliged  to 
answer  a  Suit  in  the  King's  Courts  at  Westminster^ 
for  a  Wrong  done  to  any  Person  here :  But  do  we 
not  know  how  impracticable  this  is  to  most  Men 
among  us,  to  leave  their  Families  (who  depend  upon 
their  Labour  and  Care  for  their  Livelihood)  and 
carry  Evidences  to  Britain^  and  at  a  great,  nay,  a  far 
greater  Expense  than  almost  any  of  us  are  able  to 
bear,  only  to  prosecute  a  Governour  for  an  Injury 
done  here.  But  when  the  Oppression  is  general, 
there  is  no  Remedy  even  that  Way,  no,  our  Con- 


95 


JOHN  PETER  ZENGER 

stitution  has  (blessed  be  God)  given  us  an  Opportu- 
nity, if  not  to  have  such  Wrongs  redressed,  yet  by 
our  Prudence  and  Resolution  w^e  may  in  a  great 
Measure  prevent  the  committing  of  such  Wrongs, 
by  making  a  Governour  sensible  that  it  is  to  his  in- 
terest to  be  just  to  those  under  his  Care;  for  such 
is  the  Sense  that  Men  in  General  (I  mean  Free- 
men) have  of  common  Justice,  that  when  they 
come  to  know,  that  a  chief  Magistrate  abuses  the 
Power  with  which  he  is  trusted,  for  the  good  of  the 
People,  and  is  attempting  to  turn  that  very  Power 
against  the  Innocent,  whether  of  high  or  low  de- 
gree, I  say,  Mankind  in  general  seldom  fail  to  inter- 
pose, and  as  far  as  they  can,  prevent  the  Destruction 
of  their  fellow  Subjects.  And  has  it  not  often  been 
seen  (and  I  hope  it  will  always  be  seen)  that  when 
the  Representatives  of  a  free  People  are  by  just  Rep- 
resentations or  Remonstrances,  made  sensible  of  the 
Sufferings  of  their  Fellow-Subjects,  by  the  Abuse  of 
Power  in  the  Hands  of  a  Governour,  they  have  de- 
clared (and  loudly  too)  that  they  were  not  obliged  by 
any  Law  to  support  a  Governour  who  goes  about  to 
destroy  a  Province  or  Colony,  or  their  Priviledges, 
v/hich  by  His  Majesty  he  was  appointed,  and  by  the 
Law  he  is  bound  to  protect  and  encourage.  But  I 
pray  it  may  be  considered  of  what  Use  is  this  mighty 
Priviledge,  if  every  Man  that  suffers  must  be  silent  ? 
And  if  a  Man  must  be  taken  up  as  a  Libeller,  for 
telling  his  Sufferings  to  his  Neighbour  ?  I  know  it 
may  be  answer'd.  Have  you  not  a  Legislature'?  Haie 
you  not  a  House  of  Representatives^  to  whom  you  may 
complain'?    And  to  this  I  answer,  we  have.  But 

96 


JOHN  PETER  ZENGER 


what  then  ?  Is  an  Assembly  to  be  troubled  with 
every  Injury  done  by  a  Governour?  Or  are  they 
to  hear  of  nothing  but  what  those  in  the  Adminis- 
tration will  please  to  tell  them  ?  Or  what  Sort  of  a 
Tryal  must  a  Man  have?  And  how  is  he  to  be 
remedied ;  especially  if  the  Case  were,  as  I  have 
known  it  to  happen  in  America  in  my  Time ;  That 
a  Governour  who  has  Places  (I  will  not  [sayj  Pen- 
sions, for  I  believe  they  seldom  give  that  to  another 
which  they  can  take  to  themselves)  to  bestow,  and 
can  or  will  keep  the  same  Assembly  (after  he  has 
modeled  them  so  as  to  get  a  Majority  of  the  House 
in  his  Interest)  for  near  twice  Seveti  Tears  together  ? 
I  pray,  what  Redress  is  to  be  expected  for  an  honest 
Man,  who  makes  his  Complaint  against  a  Governour 
to  an  Assembly  who  may  properly  enough  be  said, 
to  be  made  by  the  same  Governour  against  whom 
the  Complaint  is  made  ?  The  Thing  answers  it  self. 
No,  it  is  natural,  it  is  a  Priviledge,  I  will  go  far- 
ther, it  is  a  Right  which  all  Freemen  claim,  and  are 
entitled  to  complain  when  they  are  hurt;  they  have 
a  Right  publickly  to  remonstrate  the  Abuses  of 
Power,  in  the  strongest  Terms,  to  put  their  Neigh- 
bours upon  their  Guard,  against  the  Craft  or  open 
Violence  of  Men  in  Authority,  and  to  assert  with 
Courage  the  Sense  they  have  of  the  Blessings  of 
Liberty,  the  Value  they  put  upon  it,  and  their  Reso- 
lution at  all  Hazards  to  preserve  it,  as  one  of  the 
greatest  Blessings  Heaven  can  bestow.  And  when  a 
House  of  Assembly  composed  of  honest  Freemen 
sees  the  general  Bent  of  the  Peoples  Inclinations, 
That  is  it  which  must  and  will  (I'm  sure  it  ought 


97 


JOHN  PETER  ZENGER 

to)  weigh  with  a  Legislature,  in  Spite  of  all  the 
Craft,  Caressing  and  Cajolling,  made  use  of  by  a 
Goverriour,  to  divert  them  from  hearkening  to  the 
Voice  of  their  Country.  As  we  all  very  well  un- 
derstand the  true  Reason,  why  Gentlemen  take  so 
much  Pains  and  make  such  great  Interest  to  be  ap- 
pointed Governours,  so  is  the  Design  of  their  Ap- 
pointment not  less  manifest.  We  know  his  Majesty's 
gracious  Intentions  to  his  Subjects;  he  desires  no 
more  than  that  his  People  in  the  Plantations  should 
be  kept  up  to  their  Duty  and  Allegiance  to  the  crown 
of  Great  Britain^  that  Peace  may  be  preserved  amongst 
them,  and  Justice  impartially  administered;  that  we 
may  he  [sic]  governed  so  as  to  render  us  useful  to 
our  Mother  Country,  by  encouraging  us  to  make  and 
raise  such  Commodities  as  may  be  useful  to  Great 
Britain.  But  will  any  one  say,  that  all  or  any  of 
these  good  Ends  are  to  be  effected,  by  a  Governour's 
setting  his  People  together  by  the  Ears,  and  by  the 
Assistance  of  one  Part  of  the  People  to  plague  and 
plunder  the  other?  The  Commission  which  Gov- 
ernours bear,  while  they  execute  the  Powers  given 
them,  according  to  the  Intent  of  the  Royal  Grantor, 
expressed  in  their  Commissions,  requires  and  deserves 
very  great  Reverence  and  Submission ;  but  when  a 
Governour  departs  from  the  Duty  enjoined  him  by 
his  Sovereign,  and  acts  as  if  he  was  less  accountable 
than  the  Royal  Hand  that  gave  him  all  that  Power 
and  Honour  which  he  is  possessed  of ;  this  sets  Peo- 
ple upon  examining  and  enquiring  into  the  Power, 
Authority  and  Duty  of  such  a  Magistrate,  and  to 
compare  those  with  his  Conduct,  and  just  as  far  as 

98 


JOHN  PETER  ZENGER 

they  find  he  exceeds  the  Bounds  of  his  Authority,  or 
falls  short  in  doing  impartial  Justice  to  the  People 
under  his  Administration,  so  far  they  very  often,  in 
return,  come  short  in  their  Duty  to  such  a  Governour. 
For  Power  alone  will  not  make  a  Man  beloved,  and 
I  have  heard  it  observed,  That  the  Man  who  was 
neither  good  nor  wise  before  his  being  made  a  Gov- 
ernour, never  mended  upon  his  Preferment,  but  has 
been  generally  observed  to  be  worse ;  For  Men  who 
are  not  endued  with  Wisdom  and  Virtue,  can  only 
be  kept  in  Bounds  by  the  Law;  and  by  how  much 
the  further  they  think  themselves  out  of  the  Reach 
of  the  Law,  by  so  much  the  more  wicked  and  cruel 
Men  are.  I  wish  there  were  no  Instances  of  the 
Kind  at  this  Day.  And  wherever  this  happens  to  be 
the  Case  of  a  Governour,  unhappy  are  the  People 
under  his  Administration,  and  in  the  End  he  will 
find  himself  so  too ;  for  the  People  will  neither  love 
him  nor  support  him.  I  make  no  Doubt  but  there 
are  those  here,  who  are  zealously  concerned  for  the 
Success  of  this  Prosecution,  and  yet  I  hope  they  are 
not  many,  and  even  some  of  those,  I  am  perswaded 
(when  they  consider  what  Length  such  Prosecutions 
may  be  carried,  and  how  deeply  the  Liberties  of  the 
People  may  be  affected  by  such  Means)  will  not  all 
abide  by  their  present  Sentiments;  I  %2.y^Not  All:  For 
the  Man  who  from  an  Intimacy  and  Acquaintance 
with  a  Governour  has  conceived  a  personal  Regard 
for  him,  the  Man  who  has  felt  none  of  the  Strokes 
of  his  Power,  the  Man  who  believes  that  a  Gov- 
ernour has  a  Regard  for  him  and  confides  in  him,  it 
is  natural  for  such  Men  to  wish  well  to  the  Affairs 


99 


JOHN  PETER  ZENGER 


of  such  a  Governour;  and  as  they  may  be  Men  of 
Honour  and  Generosity,  may,  and  no  Doubt  will, 
wish  him  Success,  so  far  as  the  Rights  and  the  Priv- 
iledges  of  their  Fellow  Citizens  are  not  affected.  But 
as  Men  of  Honour,  I  can  apprehend  nothing  from 
them ;  they  will  never  exceed  that  Point.  There  are 
others  who  are  under  stronger  Obligations,  and  those 
are  such,  as  are  in  some  Sort  engaged  in  Support  of 
a  Governour's  Cause,  by  their  own  or  their  Relations 
Dependance  on  his  Favour,  for  some  Post  or  Pre- 
ferment ;  such  Men  have  what  is  commonly  called 
Duty  and  Gratitude,  to  influence  their  Inclinations, 
and  oblige  them  to  go  to  his  Lengths.  I  know  Men's 
Interests  are  very  near  to  them,  and  they  will  do 
much,  rather  than  foregoe  the  Favour  of  a  Govern- 
our, and  a  Livelihood  at  the  same  Time ;  but  I  can 
with  very  just  Grounds  hope,  even  from  those  Men, 
whom  I  will  suppose  to  be  Men  of  Honour  and 
Conscience  too,  that  when  they  see,  the  Liberty  of 
their  Country  is  in  Danger,  either  by  their  Concur- 
rence, or  even  by  their  Silence,  they  will  like  Eng- 
lishmen^  and  like  themselves,  freely  make  a  Sacrifice 
of  any  Preferment  or  Favour  rather  than  be  acces- 
sory to  destroying  the  Liberties  of  their  Country, 
and  entailing  Slavery  upon  their  Posterity.  There 
are  indeed  another  set  of  Men,  of  whom  I  have  no 
Hopes,  I  mean  such,  who  lay  aside  all  other  Con- 
siderations, and  are  ready  to  joyn  with  Power  in  any 
Shapes,  and  with  any  Man  or  Sort  of  Men,  by 
whose  Means  or  Interest  they  may  be  assisted  to 
gratify  their  Malice  and  Envy  against  those  whom 
they  have  been  pleased  to  hate;  and  that  have  no 


lOO 


JOHN  PETER  ZENGER 

other  Reason,  but  because  they  are  Men  of  AbiHties 
and  Integrity,  or  at  least  are  possessed  of  some  valu- 
able Qualities  far  superior  to  their  own.  But  as 
Envy  is  the  Sin  of  the  Devil,  and  therefore  very 
hard,  if  at  all,  to  be  repented  of,  I  will  believe 
there  are  but  few  of  this  detestable  and  worthless 
Sort  of  Men,  nor  will  their  Opinions  or  Inclinations 
have  any  Influence  upon  this  Tryal.  But  to  pro- 
ceed ;  I  beg  Leave  to  insist.  That  the  Right  of  com- 
plaining or  remonstrating  is  natural ;  And  the  Re- 
straint upon  this  natural  Right  is  the  Law  only,  and 
that  those  Restraints  can  only  extend  to  what  is  false ; 
For  as  it  is  Truth  alone  which  can  excuse  or  justify 
any  Man  for  complaining  of  a  bad  Administration, 
I  as  frankly  agree,  that  nothing  ought  to  excuse  a 
Man  who  raises  a  false  Charge  or  Accusation,  even 
against  a  private  Person,  and  that  no  manner  of 
Allowance  ought  to  be  made  to  him  who  does  so 
against  a  publick  Magistrate.  Truth  ought  to  gov- 
ern the  whole  Affair  of  Libels,  and  yet  the  Party  ac- 
cused runs  Risque  enough  even  then ;  for  if  he  fails 
of  proving  every  Tittle  of  what  he  has  wrote,  and  to 
the  Satisfaction  of  the  Court  and  Jury  too,  he  may 
find  to  his  Cost,  that  when  the  Prosecution  is  set  on 
Foot  by  Men  in  Power,  it  seldom  wants  Friends  to 
Favour  it.  And  from  thence  (it  is  said)  has  arisen 
the  great  Diversity  of  Opinions  among  Judges,  about 
what  words  were  or  were  not  scandalous  or  libellous. 
I  believe  it  will  be  granted,  that  there  is  not  greater 
Uncertainty  in  any  Part  of  the  Law,  than  about 
Words  of  Scandal;  it  would  be  mispending  of  the 
Court's  Time  to  mention  the  Cases;  they  may  be 


lOI 


JOHN  PETER  ZENGER 


said  to  be  numberless ;  and  therefore  the  uttermost 
Care  ought  to  be  taken  in  following  Precedents ;  and 
the  Times  when  the  Judgments  were  given,  which 
are  quoted  for  Authorities  in  the  Case  of  Libels,  are 
much  to  be  regarded.  I  think  it  will  be  agreed. 
That  ever  since  the  Time  of  the  Star  Chamber, 
where  the  most  arbitrary  and  destructive  Judgments 
and  Opinions  were  given,  that  ever  an  Englishman 
heard  of,  at  least  in  his  own  Country :  I  say,  Prose- 
cutions for  Libels  since  the  Time  of  that  arbitrary 
Court,  and  until  the  glorious  Revolution,  have  gen- 
erally been  set  on  Foot  at  the  Instance  of  the  Crown 
or  its  Ministers ;  and  it  is  no  small  Reproach  to  the 
Law,  that  these  Prosecutions  were  too  often  and 
too  much  countenanced  by  the  Judges,  who  held 
their  Places  at  Pleasure,  (a  disagreeable  Tenure  to 
any  Officer,  but  a  dangerous  one  in  the  Case  of  a 
Judge.)  To  say  more  to  this  Point  may  not  be 
proper.  And  yet  I  cannot  think  it  unwarrantable, 
to  shew  the  unhappy  Influence  that  a  Sovereign  has 
sometimes  had,  not  only  upon  Judges,  but  even  upon 
Parliaments  themselves. 

It  has  already  been  shewn,  how  the  Judges  dif- 
fered in  their  Opinions  about  the  Nature  of  a  Libel, 
in  the  Case  of  the  seven  Bishops.  There  you  see 
three  Judges  of  one  Opinion,  that  is,  of  a  wrong 
Opinion,  in  the  Judgment  of  the  best  Men  in  Eng- 
land, and  one  Judge  of  a  right  Opinion.  How  un- 
happy might  it  have  been  for  all  of  us  at  this  Day, 
if  that  Jury  had  understood  the  Words  in  that  In- 
formation as  the  Court  did  ?  Or  if  they  had  left  it 
to  the  Court,  to  judge  whether  the  Petition  of  the 


102 


JOHN  PETER  ZENGER 

Bishops  was  or  was  not  a  Libel  ?  No  they  took  upon 
them,  to  their  immortal  Honour  !  to  determine  both 
Law  and  Fact^  ?,nd  to  understand  the  Petition  of  the 
Bishops  to  be  no  Libel^  that  is,  to  contain  no  falshood  nor 
Sedition,  and  therefore  found  them  Not  Guilty.  And 
remarkable  is  the  Case  of  Sir  Samuel  Barnardiston,  who 
was  fined  io,oooZy.  for  Writing  a  Letter,  in  which, 
it  may  be  said,  none  saw  any  Scandal  or  Falshood 
but  the  Court  and  Jury ;  for  that  Judgment  was  after- 
wards looked  upon  as  a  cruel  and  detestable  Judgment, 
and  therefore  was  reversed  by  Parliament.  Many 
more  Instances  might  be  given  of  the  Complaisance 
of  Court-Judges,  about  those  Times  and  before  ;  but 
I  will  mention  only  one  Case  more,  and  that  is  the 
Case  of  Sir  Edward  Hales,  who  tho'  a  Roman  Catho- 
lic k,  was  by  King  ya?nes  IL  preferred  to  be  a  Col- 
onel of  his  Army,  notwithstanding  the  Statute  of  25 
Cha.  id.  Chap.  2.  by  which  it  is  provided.  That  every 
one  that  accepts  of  an  Office,  Civil  or  Military,  &c.  shall 
take  the  Oaths,  subscribe  the  Declaration,  and  take  the 
Sacrament,  within  three  Months,  &c.  otherwise  he  is  dis- 
abled to  hold  such  Office,  a?id  the  Grant  for  the  same  to 
be  null  and  void,  and  the  Party  to  forfeit  ^ool.  Sir  Rd- 
ward  Hales  did  not  take  the  Oaths  and  Sacrament, 
and  was  prosecuted  for  the  500/.  for  exercising  the 
Office  of  a  Colonel  by  the  Space  of  three  Months, 
without  conforming  as  in  the  Act  is  directed.  Sir 
Edward  pleads.  That  the  King  by  His  Letters  Patents 
did  dispence  with  his  taking  the  Oaths  and  Sacrament, 
and  subscribing  the  Declaration,  and  had  pardoned  the 
forfeiture  of  500/.  And  whether  the  King's  Dispensa- 
tion was  good,  against  the  said  Act  of  Parliament  ?  was 

103 


JOHN  PETER  ZENGER 


the  Question.  I  shall  mention  no  more  of  this  Case, 
than  to,  shew  how  in  the  Reign  of  an  arbitrary 
Prince,  where  Judges  held  their  Seats  at  Pleasure, 
their  Determinations  have  not  always  been  such  as 
to  make  Precedents  of,  but  the  Contrary ;  and  so  it 
happened  in  this  Case  where  it  was  solemnly  judged. 
That,  notwithstanding  this  Act  of  Parliament,  made  in 
the  strongest  Terms,  for  Preservation  of  the  Protestant 
Religion,  That  yet  the  King  had,  by  his  Royal  Preroga- 
tive, a  Power  to  dispence  with  that  Law ;  and  Sir  Ed- 
ward Hales  was  acquitted  by  the  Judges  accordingly. 
So  the  King's  Dispensing  Power,  being  by  the  Judges 
set  up  above  the  Act  of  Parliament,  this  Law,  which 
the  People  looked  upon  as  their  chief  Security  against 
Popery  and  Arbitrary  Power,  was  by  this  Judgment 
rendered  altogether  ineffectual.  But  this  Judgment 
is  sufficiently  exposed  by  Sir  Edward  Atkins,  late  one 
of  the  Judges  of  the  Court  of  Common  Pleas  in  his 
Enquiry  into  the  King's  Power  of  dispensing  with  poenal 
Statutes ;  where  it  is  shewn.  Who  it  was  that  first  in- 
vented Dispensations  ;  how  they  came  into  England  ;  what 
ill  Use  has  been  made  of  them  there ;  and  all  this  princi- 
pally owing  to  the  Countenance  given  them  by  the  fudges. 
He  says  of  the  Dispensing  Power,*  The  Pope  was  the 
Inventor  of  it;  our  Kings  have  borrowed  it  from  them  ; 
and  the  fudges  have  from  Time  to  Time  nursed  and 
dressed  it  up,  and  given  it  countenance ;  and  it  is  still 
upon  the  Growth,  and  encroaching,  'till  it  has  almost  sub- 
verted all  Law,  and  made  Regal  Power  absolute  if  not 

Sir  Edward  Atkins"  Enquiry  into  the  Power  of  Dispensing  with  poenal 
Statutes. 

*  Postscript  to  the  Enquiry,  pag.  51. 


104 


JOHN  PETER  ZENGER 


dissolute.  This  seems  not  only  to  shew  how  far  Judges 
have  been  influenced  by  Power,  and  how  little  Cases 
of  this  Sort,  where  the  Prerogative  has  been  in  Ques- 
tion in  former  Reigns,  are  to  be  relied  upon  for  Law  : 
But  I  think  it  plainly  shews  too,  that  a  Man  may 
use  a  greater  Freedom  with  the  Power  of  His  Sov- 
ereign and  the  Judges  in  Great  Britain^  than  it  seems 
he  may  with  the  Power  of  a  Governour  in  the  Plan- 
tations, who  is  but  a  Fellow-Subject.  Are  these 
Words  with  which  we  are  charged,  like  these  ?  Do 
Mr.  Zengers  Papers  contain  any  such  Freedom  with 
his  Governour  or  His  Council,  as  Sir  Edward  Atkins 
has  taken,  with  the  Regal  Power  and  the  Judges  in 
England?  And  yet  I  never  heard  of  any  Informa- 
tion brought  against  him  for  these  Freedoms. 

If  then  upon  the  whole  there  is  so  great  an  Un- 
certainty among  Judges  (learned  and  great  Men)  in 
Matters  of  this  Kind ;  If  Power  has  had  so  great  an 
Influence  on  Judges ;  how  cautious  ought  we  to  be 
in  determining  by  their  Judgments,  especially  in  the 
Plantations,  and  in  the  Case  of  Libels  ?  There  is 
Heresy  in  Law,  as  well  as  in  Religion,  and  both  have 
changed  very  much ;  and  we  well  know  that  it  is 
not  two  Centuries  ago  that  a  Man  would  have  been 
burnt  as  an  Heretick,  for  owning  such  Opinions  in 
Matters  of  Religion  as  are  publickly  wrote  and 
printed  at  this  Day.  They  were  fallible  Men,  it 
seems,  and  we  take  the  Liberty  not  only  to  diff^er 
from  them  in  religious  Opinion,  but  to  condemn 
them  and  their  Opinions  too ;  and  I  must  presume, 
that  in  taking  these  Freedoms  in  thinking  and  speak- 
ing about  Matters  of  Faith  and  Religion,  we  are  in 


105 


JOHN  PETER  ZENGER 

the  right:  For,  tho'  it  is  said  there  are  very  great 
Liberties  of  this  Kind  taken  in  Newe  Torky  yet  I 
have  heard  of  no  Information  prefered  by  Mr.  At- 
torney for  any  Offences  of  this  Sort.  From  which 
I  think  it  is  pretty  clear.  That  in  New-Tor k  a  Man 
may  make  very  free  with  his  God,  but  he  must  take 
special  Care  what  he  says  of  his  Governour.  It  is 
agreed  upon  by  all  Men  that  this  is  a  Reign  of  Lib- 
erty, and  while  Men  keep  within  the  Bounds  of 
Truth,  I  hope  they  may  with  Safety  both  speak  and 
write  their  Sentiments  of  the  Conduct  of  Men  in 
Power,  I  me[ajn  of  that  Part  of  their  Conduct  only, 
which  affects  the  Liberty  or  Property  of  the  People 
under  their  Administration ;  were  this  to  be  denied, 
then  the  next  Step  may  make  them  Slaves.  For 
what  Notions  can  be  entertained  of  Slavery,  beyond 
that  of  suffering  the  greatest  Injuries  and  Oppres- 
sions, without  the  Liberty  of  complaining  ;  or  if 
they  do,  to  be  destroyed.  Body  and  Estate,  for  so 
doing  ? 

It  is  said  and  insisted  upon  by  Mr.  Attorney, 

That  Government  is  a  sacred  Thing;  That  it  is  to  be 
supported  and  reverenced;  It  is  Government  that  pro- 
tects  our  Persons  and  Estates ;  That  prevents  Treasons ^ 
MurderSy  RobberieSy  RiotSy  and  all  the  Train  of  Evils 
that  overturns  Kingdoms  and  States y  and  ruins  particu- 
lar Persons;  and  if  those  in  the  Administration y  espe- 
cially the  Supream  Magistratey  must  have  all  their  Con- 
duct censured  by  private  Meny  Government  cannot  subsist. 
This  is  called  a  Licentiousness  not  to  be  tollerated.  It 
is  said.  That  it  brings  the  Rulers  of  the  People  into  Con- 
tempt y  and  their  Authority  not  to  be  regardedy  and  so  in 

io6 


JOHN  PETER  ZENGER 

the  End  the  Laws  cannot  he  put  in  Execution,  These 
I  say,  and  such  as  these,  are  the  general  Topicks  in- 
sisted upon  by  Men  in  Power,  and  their  Advocates. 
But  I  wish  it  might  be  considered  at  the  same  Time, 
How  often  it  has  happened,  that  the  Abuse  of  Power 
has  been  the  primary  Cause  of  these  Evils,  and  that 
it  was  the  Injustice  and  Oppression  of  these  great 
Men,  which  has  commonly  brought  them  into  Con- 
tempt with  the  People.  The  Craft  and  Art  of  such 
Men  is  great,  and  who,  that  is  the  least  acquainted 
with  History  or  Law,  can  be  ignorant  of  the  specious 
Pretences,  which  have  often  been  made  use  of  by 
Men  in  Power,  to  introduce  arbitrary  Rule,  and  de- 
stroy the  Liberties  of  a  free  People.  I  will  give  two 
Instances;  and  as  they  are  Authorities  not  to  be  de- 
nied, nor  can  be  misunderstood,  I  presume  they  will 
be  sufficient. 

The  Jirst  is  the  Statute  of  'T^d.  of  Hen.  7.  Cap.  I. 

The  Preamble  of  the  Statute  will  prove  all  and 
more  than  I  have  alledged.    It  begins,  *  The  King 

*  Our  Sovereign  Lord  remembereth  how  by  unlawful 
'  Maintenances y  giving  of  Liveries^  Signs  and  Tokens, 

*  &c.  untrue  Demeanings  of  Sheriffs  in  fnaking  of  Pan- 

*  nels,  and  other  untrue  Returns,  by  taking  of  Money,  by 

*  Injuries,  by  great  Riots  and  unlawful  Assemblies ;  the 

*  Policy  and  good  Rule  of  this  Realm  is  almost  subdued; 

*  and  for  the  ?iot  punishing  these  Inconveniences,  and  by 

*  Occasion  of  the  Premises,  little  or  nothing  may  be  found 

*  by  Inquiry,  &c.  to  the  Increase  of  Murders,  &c.  and 

*  unsureties  of  all  Men  living,  and  Losses  of  their  Lands 

*  and  Goods'  Here  is  a  fine  and  specious  Pretence 
for  introducing  the  Remedy,  as  it  is  called,  which 

107 


JOHN  PETER  ZENGER 

is  provided  by  this  Act;  that  is;  instead  of  being 
lawfully  accused  by  24  good  and  lawful  Men  of  the 
Neighbourhood,  and  afterwards  tried  by  1 2  like 
lawful  Men,  here  is  a  Power  given  to  the  Lord 
Chancellor,  Lord  Treasurer,  the  Keeper  of  the 
King's  privy  Seal,  or  two  of  them,  calling  to  them 
a  Bishop,  a  temporal  Lord,  and  other  great  Men 
mentioned  in  the  Act,  (who,  it  is  to  be  observed, 
were  all  to  be  Dependants  on  the  Court)  to  receive 
Information  against  any  Person  for  any  of  the  Mis- 
behaviours recited  in  that  Act,  and  by  their  Discre- 
tion to  examine,  and  to  punish  them  according  to 
their  demerit. 

The  second  Statute  I  proposed  to  mention,  is  the 
wth  of  the  same  King,  Chap.  3^.  the  Preamble  of 
which  Act  has  the  like  fair  Pretences  as  the  former ; 
for  the  King  calling  to  his  Remembrance  the  good  Laws 
made  against  the  receiving  of  Liveries ^  &c.  unlawful 
ExtortionSy  Maintenances,  Embracery,  &c.  unlawful 
Games,  &c.  and  many  other  great  Enormitys,  and  Of- 
fences committed  against  many  good  Statutes,  to  the  Dis- 
pleasure of  Almighty  God,  which,  the  Act  says,  could 
not,  nor  yet  can,  be  conveniently  punished  by  the  due  Or- 
der of  the  Law,  except  it  were  first  found  by  12  Men, 
&c.  which,  for  the  Causes  aforesaid,  will  not  find  nor 
yet  present  the  Truth.  And  therefore  the  same  Statute 
directs,  that  the  Justices  of  Assize,  and  Justices  of  the 
Peace,  shall,  upon  Information  for  the  King  before  them 
made,  have  full  Power,  by  their  Discretion,  to  hear  and 
determine  all  such  Offences.  Here  are  two  Statutes 
that  are  allowed  to  have  given  the  deepest  Wound 
to  the  Liberties  of  the  People  of  England  of  any  that 

108 


JOHN  PETER  ZENGER 

I  remember  to  have  been  made,  unless  it  may  be 
said,  that  the  Statute  made  in  the  Time  of  Henry 
St/j,  by  which  his  Proclamations  were  to  have  the 
Effect  of  Laws,  might  in  its  Consequence  be  worse. 
And  yet  we  see  the  plausible  Pretences  found  out  by 
the  great  Men  to  procure  these  Acts.  And  it  may 
justly  be  said,  That  by  those  Pretences  the  People  of 
Ejigland  were  cheated  or  aw'd  into  Delivering  up 
their  antient  and  sacred  Right  of  Tryals  by  Grand 
and  Petit  Juries.  I  hope  to  be  excused  for  this 
Expression,  seeing  my  Lord  Coke  calls  it  an  unjust 
and  strange  Act^  that  tended  in  its  Execution  to  the  great 
Displeasure  of  Almighty  God^  and  the  utter  Subversion 
of  the  common  Law. 

These,  I  think,  make  out  what  I  alledged,  and 
are  flagrant  Instances  of  the  Influence  of  Men  in 
Power,  even  upon  the  Representatives  of  a  whole 
Kingdom.  From  all  which  I  hope  it  will  be  agreed, 
that  it  is  a  Duty  which  all  good  Men  owe  to  their 
Country,  to  guard  against  the  unhappy  Influence  of 
ill  Men  when  intrusted  with  Power,  and  especially 
against  their  Creatures  and  Dependants,  who,  as  they 
are  generally  more  necessitous,  are  surely  more  cov- 
etous and  cruel.  But  it  is  worthy  of  Observation, 
that  tho'  the  Spirit  of  Liberty  was  born  down  and 
oppressed  in  England  at  that  Time,  yet  it  was  not 
lost;  for  the  Parliament  laid  hold  of  the  first  Op- 
portunity to  free  the  Subject  from  the  many  insuf- 
ferable Oppressions  and  Outrages  committed  upon 
their  Persons  and  Estates  by  Colour  of  these  Acts, 
the  last  of  which  being  deemed  the  most  grievous, 

4.  Inst. 

109 


JOHN  PETER  ZENGER 

was  repealed  in  the  first  Year  of  Hen.  ^th.  Tho' 
it  is  to  be  observed,  that  Hen.  jth,  and  his  Creatures 
reap'd  such  great  Advantages  by  the  grievous  Op- 
pressions and  Exactions,  grinding  the  Faces  of  the 
poor  Subjects^  as  my  Lord  Coke  says,  by  Colour  of 
this  Statute  by  information  only,  that  a  Repeal  of 
this  Act  could  never  be  obtained  during  the  Life  of 
that  Prince.  The  other  Statute  being  the  favourite 
Law  for  Supporting  arbitrary  Power,  was  continued 
much  longer.  The  Execution  of  it  was  by  the  great 
Men  of  the  Realm;  and  how  they  executed  it,  the 
Sense  of  the  Kingdom,  expressed  in  the  I'jth  of 
Charles  ist.  (by  which  the  Court  of  Star  Chamber, 
the  Soil  where  Informations  grew  rankest)  will  best 
declare.  In  that  Statute  Magna  Charta,  and  the 
other  Statutes  made  in  the  Time  of  Edw.  ^d.  which, 
I  think,  are  no  less  than  five,  are  particularly  enu- 
merated as  Acts,  by  which  the  Liberties  and  Privi- 
ledges  of  the  People  of  England  were  secured  to 
them,  against  such  oppressive  Courts  as  the  Star- 
Chamber  and  others  of  the  like  Jurisdiction.  And 
the  Reason  assigned  for  their  pulling  down  the  Star- 
Chamber,  is,  That  the  Proceedings^  Censures  and  De- 
crees of  the  Court  of  Star  Chamber^  even  tho'  the  great 
Men  of  the  Realm,  nay  and  a  Bishop  too  (holy  Man) 
were  fudges,  had  by  Experience  been  found  to  be  an  in- 
tolerable Burthen  to  the  Subject,  and  the  Means  to  in- 
troduce an  arbitrary  Power  and  Government.  And 
therefore  that  Court  was  taken  away,  with  all  the 
other  Courts  in  that  Statute  mentioned,  having  like 
Jurisdiction. 

I  don't  mention  this  Statute,  as  if  by  the  taking 


JOHN  PETER  ZENGER 

away  the  Court  of  Star  Chamber,  the  Remedy  for 
many  of  the  Abuses  or  Offences  censured  there,  was 
likewise  taken  away;  no,  I  only  intend  by  it  to 
shew  that  the  People  of  England  saw  clearly  the 
Danger  of  trusting  their  Liberties  and  Properties  to 
be  tried,  even  by  the  greatest  Men  in  the  Kingdom, 
without  the  Judgment  of  a  Jury  of  their  Equals. 
They  had  felt  the  terrible  effects,  of  leaving  it  to  the 
Judgment  of  these  great  Men  to  say  what  was  scan- 
dalous and  seditious^  false  or  ironical.  And  if  the 
Parliament  of  England  thought  this  Power  of  judg- 
ing was  too  great  to  be  trusted  to  Men  of  the  first 
Rank  in  the  Kingdom,  without  the  Aid  of  a  Jury, 
how  sacred  soever  their  Characters  might  be,  and 
therefore  restored  to  the  People  their  original  Right 
of  tryal  by  Juries,  I  hope  to  be  excused  for  insisting, 
that  by  the  Judgment  of  a  Parliament,  from  whence 
no  Appeal  lies,  the  Jury  are  the  proper  Judges,  of 
what  is  false  at  least,  if  not  of  what  is  scandalous 
and  seditious.  This  is  an  Authority  not  to  be  denied, 
it  is  as  plain  as  it  is  great,  and  to  say,  that  this  Act 
indeed  did  restore  to  the  People  Tryals  by  Juries, 
which  was  not  the  Practice  of  the  Star  Chamber, 
but  that  did  not  give  the  Jurors  any  new  Author- 
ity, or  any  Right  to  try  Matters  of  Law,  I  say  this 
Objection  will  not  avail ;  for  I  must  insist,  that 
where  Matter  of  Law  is  complicated  with  Matter 
of  Fact,  the  Jury  have  a  Right  to  determine  both. 
As  for  Instance ;  upon  Indictment  for  Murder,  the 
Jury  may,  and  almost  constantly  do,  take  upon  them 
to  judge  whether  the  Evidence  will  amount  to  Mur- 
der or  Manslaughter,  and  find  accordingly;  and  I 


III 


JOHN  PETER  ZENGER 


must  say  I  cannot  see,  why  in  our  Case  the  Jury 
have  not  at  least  as  good  a  Right  to  say,  whether 
our  News  Papers  are  a  Libel  or  no  Libel,  as  another 
Jury  has  to  say,  whether  killing  of  a  Man  is  Mur- 
der or  Manslaughter.  The  Right  of  the  Jury,  to 
find  such  a  Verdict  as  they  in  their  Conscience  do 
think  is  agreeable  to  their  Evidence,  is  supported 
by  the  Authority  of  Bushel's  Case,  in  Vaghan  s  Re- 
portSy  pag.  135.  beyond  any  Doubt.  For,  in  the 
Argument  of  that  Case,  the  Chief  Justice  who  de- 
livered the  Opinion  of  the  Court,  lays  it  down  for 
Law,  That  in  all  General  Issues ^  as  upon  Non  Cul.  in 
Trespass,  Non  Tort.  Nul  Disseizin  ifi  Assize^  &c. 
tho'  it  is  Matter  of  Law,  whether  the  Defendant  is  a 
Trespasser,  a  Disseizer.  &c.  in  the  particular  Cases  in 
Issue,  yet  the  fury  find  not  [as  in  a  special  Verdict^  the 
Fact  of  every  Case,  leaving  the  Law  to  the  Court;  but 
find  for  the  Plaintiff  or  Defendant  upon  the  Issue  to  be 
tried,  wherein  they  resolve  both  Law  and  Fact  compli- 
cately.  It  appears  by  the  same  Case,  that  tho'  the 
discreet  and  lawful  Assistance  of  the  Judge,  by  Way 
of  Advice,  to  the  Jury,  may  be  useful ;  yet  that  Ad- 
vice or  Direction  ought  always  to  be  upon  Supposi- 
tion, and  not  positive,  and  upon  Coersion.  The  Reason 
given  in  the  same  Book  is.  Because  the  'Judge  [as 
fudge^  cannot  know  what  the  Evidence  is  which  the 
fury  have,  that  is,  he  can  only  know  the  Evidence  given 
in  Court;  but  the  Evidence  which  the  fury  have,  may 
be  of  their  own  Knowledge,  as  they  are  returned  of  the 
Neighbourhood.  They  may  also  know  from  their  own 
Knowledge,  that  what  is  sworn  in  Court  is  not  true ;  and 

Vaughan' s  Rep.  p.  150.    Pag.  144.    pag.  147. 


JOHN  PETER  ZENGER 

they  may  know  the  Witnesses  to  be  stigmatized^  to  which 
the  Court  may  be  strangers.  But  what  is  to  my  Pur- 
pose, is,  that  suppose  that  the  Court  did  really  know 
all  the  Evidence  which  the  Jury  know,  yet  in  that 
Case  it  is  agreed,  'That  the  Judge  and  "Jury  may  differ 
in  the  Result  of  their  Evidence  as  well  as  two  "Judges 
may,  which  often  happens.  And  in  pag.  148  the 
Judge  subjoins  the  Reason,  why  it  is  no  Crime  for 
a  Jury  to  differ  in  Opinion  from  the  Court,  where 
he  says,  That  a  Man  cannot  see  with  another's  Eye,  nor 
hear  by  another  s  Ear;  no  more  can  a  Man  conclude  or 
infer  the  Thing  by  another  s  Understanding  or  Reason- 
ing. From  all  which  (I  insist)  it  is  very  plain.  That 
the  Jury  are  by  Law  at  Liberty  {without  any  affront  to 
the  Judgment  of  the  Court)  to  find  both  the  Law  and  the 
Facty  in  our  Case^  as  they  did  in  the  Case  I  am  speak- 
ing to,  which  I  will  beg  Leave  just  to  mention,  and 
it  was  this.  Mr.  Penn  and  Mead  being  Quakers, 
and  having  met  in  a  peaceable  Manner,  after  being 
shut  out  of  their  Meeting  House,  preached  in  Grace 
Church  Street  in  London^  to  the  People  of  their  own 
Perswasion,  and  for  this  they  were  indicted  ;  and  it 
was  said.  That  they  with  other  Persofis,  to  the  Number 
of  JOO.  unlawfully  and tumultuously  assembled^  to  the  Dis- 
turbance of  the  Peacey  &c.  To  which  they  pleaded 
Not  Guilty.  And  the  Petit  Jury  being  sworn  to  try 
the  Issue  between  the  King  and  the  Prisoners,  that 
is,  whether  they  were  Guilty,  according  to  the  Form 
of  the  Indictment?  Here  there  was  no  Dispute  but 
they  were  assembled  together,  to  the  Number  men- 
tioned in  the  Indictment ;  But  Whether  that  Meeting 
together  was  riotously ^  tumultuously y  and  to  the  Disturb- 

113 


JOHN  PETER  ZENGER 

ance  of  the  Peace  ?  was  the  Question.  And  the  Court 
told  the  Jury  it  was,  and  ordered  the  Jury  to  find  it 
so  ;  For  (said  the  Court)  the  Meeting  was  the  Matter 
of  Facty  and  that  is  confessedy  and  we  tell  you  it  is  un- 
lawful, for  it  is  against  the  Statute ;  and  the  Meeting  be- 
ing unlawful,  it  follows  of  Course  that  it  was  tumultuous, 
and  to  the  Disturbance  of  the  Peace.  But  the  Jury  did 
not  think  fit  to  take  the  Courts  Word  for  it,  for  they 
could  neither  find  Riot,  Tumult,  or  any  Thing  tending 
to  the  Breach  of  the  Peace  committed  at  that  Meet- 
ing; and  they  acquitted  Mr.  Penn  and  Mead.  In 
doing  of  which  they  took  upon  them  to  judge  both 
the  Law  and  the  Fact,  at  which  the  Court  (being 
themselves  true  Courtiers)  were  so  much  offended, 
that  they  fined  the  Jury  40  Marks  a  piece,  and  com- 
mitted them  till  paid.  But  Mr.  Bushel,  who  valued  the 
Right  of  a  Juryman  and  the  Liberty  of  his  Country 
more  than  his  own,  refused  to  pay  the  Fine,  and  was 
resolved,  (tho'  at  a  great  Expence  and  trouble  too) 
to  bring,  and  did  bring,  his  Habeas  Corpus,  to  be  re- 
lieved from  his  Fine  and  Imprisonment,  and  he  was 
released  accordingly  ;  and  this  being  the  Judgment 
in  his  Case,  it  is  established  for  Law,  That  the  Judges, 
how  great  soever  they  be,  have  no  Right  to  Fine,  imprison, 
or  punish  a  fury,  for  not  fnding  a  Verdict  according  to 
the  Direction  of  the  Court.  And  this  I  hope  is  suffi- 
cient to  prove,  That  Jurymen  are  to  see  with  their 
own  Eyes,  to  hear  with  their  own  ears,  and  to  make 
use  of  their  own  Consciences  and  Understandings, 
in  judging  of  the  Lives,  Liberties  or  Estates  of  their 
fellow  Subjects.  And  so  I  have  done  with  this 
Point. 


114 


JOHN  PETER  ZENGER 


This  is  the  second  Informotion  for  Libelling  of 
a  Governour  that  I  have  known  in  America,  And 
the  first,  tho'  it  may  look  like  a  Romance,  yet  as  it 
is  true,  I  will  beg  Leave  to  mention  it.  Governor 
Nicholson,  who  happened  to  be  offended  with  one 
[ofj  his  Clergy,  met  him  one  Day  upon  the  Road, 
and  as  was  usual  with  him  (under  the  Protection  of 
his  Commission)  used  the  poor  Parson  with  the 
worst  of  Language,  threatened  to  cut  off  his  Ears, 
slit  his  Nose,  and  at  last  to  shoot  him  through  the 
Head.  The  Parson  being  a  reverend  Man,  con- 
tinued all  this  Time  uncovered  in  the  Heat  of  the 
Sun,  until  he  found  an  Opportunity  to  fly  for  it ; 
and  coming  to  a  Neighbours  House  felt  himself  very 
ill  of  a  Fever,  and  immediately  writes  for  a  doctor  ; 
and  that  his  Physician  might  the  better  judge  of  his 
Distemper,  he  acquainted  him  with  the  Usage  he 
had  received ;  concluding,  that  the  Governor  was  cer- 
tainly mad,  for  that  no  Man  in  his  Senses  would  have 
behaved  in  that  manner.  The  Doctor  unhappily 
shews  the  Parson's  Letter ;  the  Governour  came  to 
hear  of  it ;  and  so  an  Information  was  preferred  against 
the  poor  Man  for  saying  he  believed  the  Governour  was 
mad ;  and  it  was  laid  in  the  Information  to  be  false, 
scandalous,  and  wicked,  and  wrote  with  Intent  to  T?Jove 
Sedition  among  the  People,  and  bring  His  Excellency  into 
Contempt.  But  by  an  Order  from  the  late  Queen  Anne, 
there  was  a  Stop  put  to  that  Prosecution,  with  sun- 
dry others  set  on  foot  by  the  same  Governour,  against 
Gentlemen  of  the  greatest  Worth  and  Honour  in  that 
Government. 

And  may  not  I  be  allowed,  after  all  this,  to  say, 


"5 


JOHN  PETER  ZENGER 

That  by  a  little  Countenance,  almost  any  Thing 
which  a  Man  writes,  may,  with  the  Help  of  that 
useful  Term  of  Art,  called  an  Innuendo^  be  construed 
to  be  a  Libel,  according  to  Mr.  Attorney's  Definition 
of  it.  That  whether  the  Words  are  spoken  of  a  Person  of 
a  publick  Character,  or  of  a  private  Man,  whether  dead 
or  Living,  good  or  bad^  true  or  false  all  make  a  Libel ; 
for  according  to  Mr.  Attorney,  after  a  Man  hears 
a  Writing  read,  or  reads  and  repeats  zV,  or  laughs 
at  ity  they  are  all  punishable.  It  is  true,  Mr.  At- 
torney is  so  good  as  to  allow,  after  the  Party  knows 
it  to  be  a  Libel,  but  he  is  not  so  kind  as  to  take  the 
Man's  Word  for  it. 

Here  were  several  Cases  put  to  shew.  That 
tho'  what  a  Man  writes  of  a  Governour  was 
true,  proper  and  necessary,  yet  according  to  the 
foregoing  Doctrine  it  might  be  construed  to  be 
a  libel :  But  Mr.  Hamilton  after  the  Tryal  was 
over,  being  informed,  That  some  of  the  Cases 
he  had  put  had  really  happened  in  the  Govern- 
ment, he  declared  he  had  never  heard  of  any 
such ;  and  as  he  meant  no  personal  Reflections, 
he  was  sorry  he  had  mentioned  them,  and  there- 
fore they  are  omitted  here. 

Mr.  Hamilton.  If  a  Libel  is  understood  in  the 
large  and  unlimited  Sense  urged  by  Mr.  Attorney, 
there  is  scarce  a  Writing  I  know  that  may  not  be 
called  a  Libel,  or  scarce  any  Person  safe  from  being 
called  to  an  Account  as  a  Libeller  :  For  Moses,  meek 
as  he  was.  Libelled  Cain ;  and  who  is  it  that  has  not 

ii6 


i 


JOHN  PETER  ZENGER 

libelled  the  Devil  ?  For  according  to  Mr.  Attorney, 
it  is  no  Justification  to  say  one  has  a  bad  Name. 
Echard  has  libelled  our  good  King  William ;  Burnet 
has  libelled  among  many  others  King  Charles  and 
King  "James  ;  and  Rapin  has  libelled  them  all.  How 
must  a  Man  speak  or  write,  or  what  must  he  hear, 
read,  or  sing  ?  Or  when  must  he  laugh,  so  as  to  be 
secure  from  being  taken  up  as  a  Libeller  ?  I  sincerely 
believe,  that  were  some  Persons  to  go  thro'  the  Streets 
of  New-Tork  now-a-days,  and  read  a  Part  of  the  Bible, 
if  it  was  not  known  to  be  such,  Mr.  Attorney,  with 
the  Help  of  his  Innuendo' s^  would  easily  turn  it  into 
a  Libel.  As,  for  instance.  Is  IX.  i6.  The  Leaders  of 
the  People  cause  them  to  err,  and  they  that  are  led  by  them 
are  destroyed.  But  should  Mr.  Attorney  go  about  to 
make  this  a  Libel,  he  would  treat  it  thus  ;  The  Lead- 
ers of  the  People  \innuendoy  the  Governour  and  Coun- 
cil of  New-Tork\  cause  them  [innuendo,  the  People  of 
this  Province]  to  err,  and  they  [the  people  of  this  Prov- 
ince meaning]  that  are  led  by  them  [the  Governour 
and  Council  meaning]  are  destroyed  \innuendo,  are  de- 
ceived into  the  Loss  of  their  Liberty]  which  is  the 
worst  Kind  of  Destruction.  Or  if  some  Persons 
should  publickly  repeat,  in  a  Manner  not  pleasing  to 
his  Betters,  the  \oth  and  i  \  th  Verses  of  the  LVIth. 
Chap,  of  the  same  Book,  there  Mr.  Attorney  would 
have  a  large  Field  to  display  his  Skill,  in  the  artful 
Application  of  his  Innuendo  s.  The  Words  are.  His 
Watchmen  are  all  blind,  they  are  ignorant,  &c.  Tea, 
they  are  greedy  Dogs,  that  can  never  have  enough.  But 
to  make  them  a  Libel,  there  is  according  to  Mr. 
Attorney's  Doctrine,  no  more  wanting  but  the  Aid 


117 


JOHN  PETER  ZENGER 

of  his  Skill,  in  the  right  adapting  his  Innuendo  s.  As 
for  Instance ;  His  Watchmen  ^innuendo,  the  Gover- 
nour's  Council  and  Assembly]  are  blind^  they  are  ig- 
norant \innuendoy  will  not  see  the  dangerous  Designs 
of  His  Excellency]  Tea,  they  [the  Governour  and 
Council  meaning]  are  greedy  Dogs,  which  can  never 
have  enough  \innuendo,  enough  of  Riches  and  Power.] 
Such  an  Instance  as  this  is  seems  only  fit  to  be  laugh'd 
at;  but  I  may  appeal  to  Mr,  Attorney  himself,  whether 
these  are  not  at  least  equally  proper  to  be  applied  to 
His  Excellency  and  His  Ministers,  as  some  of  the 
Inferences  and  Innuendo' s  in  his  Information  against 
my  Client.  Then  if  Mr,  Attorney  is  at  Liberty  to 
come  into  Court,  and  file  an  Information  in  the  King's 
Name,  without  Leave,  who  is  secure,  whom  he  is 
pleased  to  prosecute  as  a  Libeller  ?  And  as  the  Crown 
Law  is  contended  for  in  bad  Times,  there  is  no  Rem- 
edy for  the  greatest  Oppression  of  this  Sort,  even  tho 
the  Party  prosecuted  is  aquitted  with  Honour.  And 
give  me  Leave  to  say,  as  great  Men  as  any  in  Britain, 
have  boldly  asserted.  That  the  Mode  of  Prosecuting 
by  Information  (when  a  Grand  Jury  will  not  find 
Billa  vera)  is  a  national  Grievance,  and  greatly  in- 
consistent with  that  Freedom,  which  the  Subjects  of 
England  enjoy  in  most  other  Cases.  But  if  we  are 
so  unhappy  as  not  to  be  able  to  ward  off  this  Stroke  of 
Power  directly,  yet  let  us  take  Care  not  to  be  cheated 
out  of  our  Liberties,  by  Forms  and  Appearances  ;  let 
us  always  be  sure  that  the  Charge  in  the  Informa- 
tion is  made  out  clearly  even  beyond  a  Doubt ;  for 
tho  Matters  in  the  Information  may  be  called  Form 
upon  Tryal,  yet  they  may  be,  and  often  have  been 

ii8 


JOHN  PETER  ZENGER 

found  to  be  Matters  of  Substance  upon  giving  judg- 
ment. 

Gentlemen:  The  Danger  is  great,  in  Proportion 
to  the  Mischief  that  may  happen,  through  our  too 
great  CreduHty.  A  proper  Confidence  in  a  Court 
is  commendable;  but  as  the  Verdict  (whatever  it  is) 
will  be  yours,  you  ought  to  refer  no  Part  of  your 
Duty  to  the  Discretion  of  other  Persons.  If  you 
should  be  of  Opinion,  that  there  is  no  Falsehood  in 
Mr.  Zengers  Papers,  you  will,  nay  (pardon  me  for 
the  Expression)  you  ought  to  say  so;  because  you 
don't  know  whether  others  (I  mean  the  Court)  may 
be  of  that  Opinion.  It  is  your  Right  to  do  so,  and 
there  is  much  depending  upon  your  Resolution,  as 
well  as  upon  your  Integrity. 

The  loss  of  liberty  to  a  generous  Mind,  is  worse 
than  Death  ;  and  yet  we  know  there  have  been  those 
in  all  Ages,  who  for  the  sake  of  Preferment,  or  some 
imaginary  Honour,  have  freely  lent  a  helping  Hand, 
to  oppress,  nay  to  destroy  their  Country.  This  brings 
to  my  Mind  that  saying  of  the  immortal  Brutus^  when 
he  looked  upon  the  Creatures  of  Ccesary  who  were 
very  great  Men,  but  by  no  Means  good  Men.  *'  Tou 
Romans  said  Brutus,  if  yet  1 7nay  call  you  sOy  consider 
**  what  you  are  doing ;  remember  that  you  are  assisting 
**  Caesar  to  forge  those  very  Chains,  which  ojie  Day  he 
*'  will  make  your  selves  wear!'  This  is  what  every  Man 
at  values  Freedom)  ought  to  consider  :  He  should 
act  by  Judgment  and  not  by  Affection  or  Self-inter- 
est ;  for,  where  those  prevail.  No  Ties  of  either 
Country  or  Kindred  are  regarded,  as  upon  the  other 
Hand,  the  Man,  who  loves  his  Country,  prefers  it's 


119 


JOHN  PETER  ZENGER 

Liberty  to  all  other  Considerations,  well  knowing 
that  without  Liberty,  life  is  a  Misery. 

A  fanious  Instance  of  this  is  found  in  the  His- 
tory of  another  brave  Roman  of  the  same  Name,  I 
mean  Lucius  Junius  Brutus,  whose  story  is  well  known 
and  therefore  I  shall  mention  no  more  of  it,  than  only 
to  shew  the  Value  he  put  upon  the  Freedom  of  his 
Country.  After  this  great  Man,  with  his  Fellow  Cit- 
izens whom  he  had  engag'd  in  the  Cause,  had  ban- 
ish'd  Tarquin  the  Proud,  the  last  King  of  Rome,  ivom 
a  Throne  which  he  ascended  by  inhuman  Murders 
and  possess' d  by  the  most  dreadful  Tyranny  and  Pro- 
scriptions, and  had  by  this  Means,  amass'd  incredible 
Riches,  even  sufficient  to  bribe  to  his  Interest,  many 
of  the  young  Nobility  of  Ro?ne,  to  assist  him  in  re- 
covering the  Crown ;  but  the  Plot  being  discover'd, 
the  principal  Conspirators  were  apprehended,  among 
whom  were  two  of  the  Sons  of  Junius  Brutus.  It 
was  absolutely  necessary  that  some  should  be  made 
Examples  of,  to  deter  others  from  attempting  the  re- 
storing of  Tarquin  and  destroying  the  Liberty  of 
Rome.  And  to  effect  this  it  was,  that  Lucius  Junius 
Brutus,  one  of  the  Consuls  of  Rome,  in  the  Presence 
of  the  Roman  People,  sat  Judge  and  condemned  his 
own  Sons,  as  Traitors  to  their  Country  :  And  to  give 
the  last  Proof  of  his  exalted  Virtue,  and  his  Love  of 
Liberty  :  He  with  a  Firmness  of  Mind  (only  becom- 
ing so  great  a  Man)  caus'd  their  Heads  to  be  struck 
off  in  his  own  Presence ;  and  when  he  observ'd  that 
his  rigid  Virtue,  occasion'd  a  sort  of  Horror  among 
the  People,  it  is  observ'd  he  only  said,  My  Fellow- 
**  Citizens,  do  not  think  that  this  Proceeds  from  any  W ant 


120 


JOHN  PETER  ZENGER 

of  natural  Affection  :  No,  The  Death  of  the  Sons  of 
"  Brutus  can  affect  Brutus  only  ;  hut  the  loss  of  Liherty 

will  affect  my  Country."  Thus  highly  was  Liberty 
esteem'd  in  those  Days  that  a  Father  could  sacrifice 
his  Sons  to  save  his  Country.  But  why  do  I  go  to 
Heathen  Rome,  to  bring  Instances  of  the  Love  of 
Liberty,  the  best  Blood  of  Britain  has  been  shed  in 
the  Cause  of  Liberty  ;  and  the  Freedom  we  enjoy  at 
this  Day,  may  be  said  to  be  (in  great  measure)  ow- 
ing to  the  glorious  Stand  the  famous  Hamden,  and 
others  of  our  Countrymen,  made  against  the  arbi- 
trary Demands,  and  illegal  Impositions,  of  the  Times 
in  which  they  lived  ;  Who  rather  than  give  up  the 
Rights  of  Englishmen,  and  submit  to  pay  an  illegal 
Tax  of  no  more,  I  think,  than  3  Shillings,  resolv'd 
to  undergo,  and  for  their  Liberty  of  their  Country 
did  undergo  the  greatest  Extremities,  in  that  arbitrary 
and  terrible  Court  of  Star  Chamber,  to  whose  arbi- 
trary Proceedings,  (it  being  compos'd  of  the  Princi- 
pal Men  of  the  Realm,  and  calculated  to  support 
arbitrary  Government)  no  Bounds  or  Limits  could  be 
set,  nor  could  any  other  Hand  remove  the  Evil  but 
a  Parliament. 

Power  may  justly  be  compared  to  a  great  River, 
while  kept  within  its  due  Bounds,  is  both  Beautiful 
and  Useful ;  but  when  it  overflows  it's  Banks,  it  is 
then  too  impetuous  to  be  stemm'd,  it  bears  down  all 
before  it,  and  brings  Destruction  and  Desolation 
wherever  it  comes.  If  then  this  is  the  Nature  of 
Power,  let  us  at  least  do  our  Duty,  and  like  wise 
Men  (who  value  Freedom)  use  our  utmost  care  to 
support  Liberty,  the  only  Bulwark  against  lawless 


121 


JOHN  PETER  ZENGER 

Power,  which  in  all  Ages  has  sacrificed  to  its  wild 
Lust  and  boundless  Ambition,  the  Blood  of  the  best 
Men  that  ever  liv'd. 

I  hope  to  be  pardon'd  Sir  for  my  Zeal  upon  this 
Occasion ;  it  is  an  old  and  wise  Caution,  That  when 
our  Neighbours  House  is  on  Fire,  we  ought  to  take  Care 
of  our  own.  For  tho'  Blessed  be  God,  I  live  in  a 
Government  where  Liberty  is  well  understood,  and 
freely  enjoy'd;  yet  Experience  has  shewn  us  all 
(I'm  sure  it  has  to  me)  that  a  bad  Precedent  in  one 
Government,  is  soon  set  up  for  an  Authority  in  an- 
other ;  and  therefore  I  cannot  but  think  it  mine, 
and  every  Honest  Man's  Duty,  that  (while  we  pay 
all  due  Obedience  to  Men  in  Authority)  we  ought 
at  the  same  Time  to  be  upon  our  Guard  against 
Power,  wherever  we  apprehend  that  it  may  affect 
ourselves  or  our  Fellow-Subjects. 

I  am  truely  very  unequal  to  such  an  Undertak- 
ing on  many  Accounts.  And  you  see  I  labour  under 
the  Weight  of  many  Years,  and  am  born  down  with 
great  Infirmities  of  Body;  yet  Old  and  Weak  as  I 
am,  I  should  think  it  my  Duty,  if  required,  to  go 
to  the  utmost  Part  of  the  Land,  where  my  Service 
could  be  of  any  Use  in  assisting  to  quench  the  Flame 
of  Prosecutions  upon  Informations,  set  on  Foot  by 
the  Government,  to  deprive  a  People  of  the  Right 
of  Remonstrating  (and  complaining  too)  of  the  arbi- 
trary Attempts  of  Men  in  Power.  Men  who  injure 
and  oppress  the  People  under  their  Administration 
provoke  them  to  cry  out  and  complain;  and  then 
make  that  very  Complaint  the  Foundation  for  new 
Oppressions  and  Prosecutions.     I  wish  I  could  say 


JOHN  PETER  ZENGER 

there  were  no  Instances  of  this  Kind.  But  to  con- 
clude; the  Question  before  the  Court  and  you,  Gen- 
tlemen of  the  Jury,  is  not  of  small  nor  private  Con- 
cern, it  is  not  the  Cause  of  a  poor  Printer,  nor  of 
New-York  alone,  which  you  are  now  trying:  No! 
It  may  in  its  Consequence,  affect  every  Freeman  that 
lives  under  a  British  Government  on  the  main  of 
America.  It  is  the  best  Cause.  It  is  the  Cause  of 
Liberty;  and  I  make  no  Doubt  but  your  upright 
Conduct,  this  Day,  will  not  only  entitle  you  to  the 
Love  and  Esteem  of  your  Fellow-Citizens;  but  every 
Man  who  prefers  Freedom  to  a  Life  of  Slavery 
will  bless  and  honour  You,  as  Men  who  have  baffled 
the  Attempt  of  Tyranny  ;  and  by  an  impartial  and 
uncorrupt  Verdict,  have  laid  a  noble  Foundation  for 
securing  to  ourselves,  our  Posterity,  and  our  Neigh- 
bours, That,  to  which  Nature  and  the  Laws  of  our 

Country  have  given  us  a  Right,  The  Liberty  

 both  of  exposing  and  opposing  arbitrary  Power 

(in  these  Parts  of  the  World,  at  least)  by  speaking 
and  writing  Truth. 

Here  Mr.  Attorney  observ" dy  that  Mr.  Ham- 
ilton had  gone  very  tnuch  out  of  the  W ay^  and  had 
made  himself  and  the  People  very  merry :  But  that 
he  had  been  citing  Cases y  not  at  all  to  the  Purpose; 
he  said,  there  was  no  such  Cause  as  Mr.  Bushel's 
or  Sir  Edward  Hales  before  the  Court;  and  he 
could  not  find  out  what  the  Court  or  fury  had  to 
do  with  Dispensations,  Riots  or  unlawful  Assem- 
blies: All  that  the  fury  had  to  consider  of  was 
Mrs.  [sic)  Zenger's  Printing  and  Publishing  two 
scandalous  Libels,  which  very  highly  refected  on 


123 


JOHN  PETER  ZENGER 

his  'Excellency  and  the  principal  Men  concern  d  in 
the  Administration  of  this  Government,  which  is 
confess  d.     That  is,  the  Printing  and  Publishing  of 
the  fournals  set  forth  in  the  Information  is  con- 
fessed. And  concluded  that  as  Mr.  Hamilton  had 
confess' d  the  Printing  and  there  could  be  no  doubt 
but  they  were  scandalous  Papers,  highly  refecting 
upon  his  Excellency,  and  the  principal  Magistrates 
in  the  Province.    And  therefore  he  made  no  Doubt 
but  the  Jury  would find  the  Defendant  Guilty,  and 
would  refer  to  the  Court  for  their  Direction. 
Mr.  Ch.  fust.    Gentlemen  of  the  Jury.  The 
great  pains  Mr.  Hamilton  has  taken,  to  shew  how 
little  Regard  Juries  are  to  Pay  to  the  Opinion  of  the 
Judges;  and  his  insisting  so  much  upon  the  Con- 
duct of  some  Judges  in  Tryals  of  this  kind;  is  done, 
no  doubt,  with  a  Design  that  you  should  take  but 
very  little  Notice,  of  what  I  might  say  upon  this 
Occasion.     I   shall  therefore  only  observe  to  you 
that,  as  the  Facts  or  Words  in  the  Information  are 
confessed :  The  only  Thing  that  can  come  in  Ques- 
tion before  you  is,  whether  the  Words  as  set  forth 
in  the  Information,  make  a  Lybel.    And  that  is  c 
Matter  of  Law,  no  Doubt,  and  which  you  may  leave 
to  the  Court.    But  I  shall  trouble  you  no  further 
with  any  Thing  more  of  my  own,  but  read  to  you 
the  Words  of  a  learned  and  upright  Judge*  in  a  Case 
of  the  like  Nature. 

*  To  say  that  corrupt  Officers  are  appointed  to  ad- 

*  minister  Affairs,  is  certainly  a  Refection  on  the  Gov- 

*  ernment.    If  People  should  not  be  called  to  account  for 

*Ch.  J.  Holt  in  TuUh  'trC s  Case. 


124 


JOHN  PETER  ZENGER 

possessing  the  People  with  an  ill  Opinion  of  the  Gov- 

*  ernment,  no  Government  can  subsist.     For  it  is  very 

*  necessary  for  all  Governments  that  the  People  should 

*  have  a  good  Opinion  of  it.    And  nothing  can  he  worse 

*  to  any  Government,  than  to  endeavour  to  procure  Ani- 

*  mosities ;  as  to  the  Management  of  it,  this  has  always 

*  been  look'd  upon  as  a  Crime,  and  no  Government  can 

*  be  saf  without  it  be  punished. 

*  Now  you  are  to  consider,  whether  these  Words  I 

*  have  read  to  you,  do  not  tend  to  beget  an  ill  Opinion  of 

*  the  Administration  of  the  Government'^     To  tell  us, 

*  that  those  that  are  employed  know  nothing  of  the  Mat- 

*  ter,  and  those  that  do  know  are  not  employed.    Men  are 

*  not  adapted  to  Offices,  but  Offices,  to  Men  out  of  a  par- 
'  ticular  Regard  to  their  hiterest,  and  not  to  their  Fitness 

*  for  the  Places ;  this  is  the  Purport  of  these  Papers. 

Mr.  Hafnilton  I  humbly  beg  Your  Honours 
Pardon;  I  am  very  much  mis-apprehended,  if  you 
suppose  what  I  said  was  so  designed. 

Sir,  you  know ;  I  made  an  Apology  for  the  Free- 
dom I  found  myself  under  a  Necessity  of  using  on 
this  Occasion.  I  said,  there  was  Nothing  personal 
designed;  it  arose  from  the  Nature  of  our  Defence. 

The  Jury  withdrew  and  in  a  small  Time  re- 
turned and  being  asked  by  the  Clerk  whether  they 
were  agreed  of  their  Verdict,  and  whether  fohn 
Peter  Zenger  was  guilty  of  Printing  and  Publishing 
the  Libels  in  the  Information  mentioned  ?  They 
answered  by  Thomas  Hunt,  their  Foreman,  Not 
Guilty,  Upon  which  there  were  three  Huzzas  in  the 
Hall  which  was  crowded  with  People,  and  the  next 
Day  I  was  discharged  from  my  Imprisonment." 


125 


JOHN  PETER  ZENGER 

The  cheers  of  the  crowd  annoyed  the  court  and 
the  Chief  Justice  attempted  a  rebuke,  but  Captain 
Norris,  son-in-law  of  Lewis  Morris,  replied  boldly, 
saying,  **  Cheers  were  customary  on  such  occasions, 
and  especially  on  the  occasion  of  the  trial  of  the 
Bishop  of  London." 

The  verdict  of  the  jury  might  have  been  fore- 
seen when  the  Chief  Justice  allowed  himself  to  be 
drawn  into  an  argument  with  Hamilton.  De  Lan- 
cey  was  then  a  young  man  without  much  experience 
in  his  profession,  and  was  no  match  for  Hamilton, 
who  was  near  the  close  of  a  long  and  brilliant  career, 
while  his  age  and  manner  were  as  convincing  to  the 
jury  as  his  eloquence. 

A  dinner  was  given  to  Hamilton  in  the  evening 
at  the  Black  Horse  Tavern.  This  famous  old  inn 
was  then  situated  in  Smith  street  (now  William). 
In  1750  it  was  in  Queen  street  {now  Pearl  street.) 
Zenger  says,  '*  Above  forty  of  the  Citizens  enter- 
tained Mr.  Hamilton  at  the  black  Horse  that  Day  at 
Dinner,  to  express  their  Acknowledgment  of  his 
Generosity  on  this  Occasion,  and  at  his  Departure 
next  Day  he  was  saluted  with  the  great  guns  of  several 
Ships  in  the  Harbour,  as  a  publick  Testimony  of  the 
glorious  Defense  he  made  in  the  Cause  of  Liberty 
in  this  Province." 

At  a  meeting  of  the  Common  Council  held  on 
September  16,  1735,  it  was  ordered  that  Hamilton 
be  presented  with  the  Freedom  of  the  Corporation. 
A  committee  appointed  for  the  purpose  brought  in 
later  an  appropriate  resolution,  and  also  reported, 
that  sundry  of  the  Members  of  this  Corporation  and 

126 


JOHN  PETER  ZENGER 

Gentlemen  of  this  City  have  voluntarily  Contributed  suf- 
ficient for  a  Gold  Box  of  five  Ounces  and  a  half  Inclos- 
ing the  Seal  of  said  Freedom ;  Upon  the  Lid  of  which^  we 
are  of  Opinion  should  be  engraved  the  Arms  of  the  City 
of  New-Tor  k.'' 

In  addition  to  the  arms  of  the  city  the  cover  bore 
the  following  motto,  "Demers^  leges-timefacta 

LIBERTAS-HAEC   TANDEM    EMERGUNT,"    and  on  the 

inside  of  the  cover,  "Non  nummis,-virtute  par- 
ATUR,"  and  part  of  Tally's  wish,  "Ita  cuique  eveni- 

AT,  UT  DE  RePUBLICA  MERUIT." 

The  box  and  the  resolution  were  taken  to  Phil- 
adelphia by  Alderman  Stephen  Bayard  and  by  him 
presented  to  Hamilton,  "  who  gratefully  accepted  it." 

There  was  great  interest  taken  in  the  trial 
throughout  the  country  and  the  papers  in  Boston 
and  Philadelphia  published  full  accounts  of  the  pro- 
ceedings. The  first  edition  entitled  **  A  brief  Nar- 
rative of  the  Cafe  and  Tryal  of  fohn  Peter  Zenger^ 
Printer  of  the  New-Tor k  weekly  fournaly'  was  pub- 
lished by  Zenger  in  1736.  It  was  scattered  broad- 
cast and  many  copies  were  sent  to  London.  It  is  a 
folio  of  forty  pages  and  now  very  rare.  It  was  edited 
by  James  Alexander,  as  appears  by  the  following  let- 
ter from  Andrew  Hamilton  : 

*'  I  have  at  last  Sent  you  my  Draught  of  Mr.  Zen- 
ger's  tryall.  When  I  first  wrote  you  I  intended  to  re- 
vise it  by  my  Notes  but  being  interrupted  with  Busi- 
ness I  neglected  and  at  last  being  in  hopes  that  you 
was  not  like  to  obtain  Mr.  Chambers's  and  Mr.  Atty.'s 
Argument,  your  design  of  publication  was  over  and  so 
it  lay  over  until  our  Assembly  broke  up  ye  last  of  Feb- 

127 


JOHN  PETER  ZENGER 

ruary.  Since  then  we  have  had  Court  every  day  and 
rather  than  give  you  ye  trouble  of  writing  again  I 
have  Sent  it  ill  done  as  it  is.  I  have  had  no  time  to 
read  it  over  but  once  since  it  was  finished.  I  wrote  it 
by  half  sheets  and  copied  it  as  fast  as  I  wrote.  The 
meaning  of  all  this  is  to  beg  of  you  to  alter  and  Cor- 
rect it  agreeable  to  your  own  Mind." 

There  were  four  editions  of  the  trial  published 
in  London  in  1738,  one  edition  in  Boston,  one  in 
Lancaster,  Pennsylvania,  and  it  was  republished  in 
1770  in  New  York  when  McDougal  was  tried. 

Zenger  was  made  public  printer  in  1737  as  a 
reward  for  his  troubles,  and  in  1738  was  appointed 
to  the  same  office  in  New  Jersey.  He  was  natural- 
ized in  New  Jersey  in  I7'^8. 

In  the  fourth  volume  of  the  Colonial  Documents 
of  the  State  of  New  York  it  is  stated  on  page  1042 
that  *'  He  was  a  printer  by  trade ;  in  arrears  to  a 
small  amount  as  collector  of  taxes  in  the  city,  and 
the  Assembly  had  refused  to  allow  him  to  discharge 
the  small  debt  by  doing  public  printing  enough  to 
cover  it  " — a  lively  instance  of  ingratitude  for  the 
services  he  had  rendered.  His  absence  from  the 
City,  however,  could  not  have  been  very  prolonged, 
for  he  continued  printing  the  "  Journal  "  until  his 
death,  which  occurred  on  July  28,  1746.  His  obitu- 
ary was  published  as  follows  in  the  "  Evening  Post " 
of  August  4,  1746. 

"  On  Monday  Evening  last,  departed  this  Life, 
Mr,  yohn  Peter  Zenger  Printer,  in  the  49  Year  of 
his  Age  ;  He  has  left  a  Wife  and  six  Children  be- 
hind, he  was  a  loving  Husband,  and  a  tender  Father, 

128 


FACSIMILE   OF  LETTER  FROM  ANDREW  HAMILTON  TO  JAMES  ALEXANDER,  ACCOMPANYING 

NOTES  OF  THE  TRIAL. 


JOHN  PETER  ZENGER 

and  his  Death  is  much  lamented  by  his  Family  and 
Relations." 

He  is  said  to  have  been  buried  in  Trinity  Church- 
yard. The  record  of  the  descendants  of  the  Zenger 
family  shows  none  in  the  male  line.  Nothing  is 
known  of  Johannes,  the  brother  of  the  printer,  and 
his  sister  Anna  Catharina,  who  was  married  Septem- 
ber 1 6,  1727,  to  Frederick  Becker,  and  died  with- 
out issue.  John,  son  of  the  printer  by  his  first  wife, 
married  in  1741  Anneke  Lynssen,  but  it  does  not  ap- 
pear that  he  left  any  children  who  came  to  maturity. 
Pieter,  son  of  the  second  marriage,  married  October 
26,  1 75  I,  Brachy  Montange  of  Harlem,  but  there  is 
no  record  of  any  children  of  this  marriage.  Eliza- 
beth, born  1 726,  one  of  the  daughters  of  the  printer's 
second  marriage,  married  July  6,  1745,  John  George 
Kook,  a  weaver,  and  left  descendants.  She  died  in 
1 8 17,  Another  daughter,  Catherine,  born  1738, 
died  September  16,  1836,  at  the  advanced  age  of 
ninety-eight;  she  married  Matthias  Lane,  born  1736, 
died  August  14,  i  801,  and  they  also  left  descendants. 
The  Lanes  lived  in  Camden,  New  Jersey,  and  are 
buried  there  in  the  Evergreen  Cemetery. 

Thomas,  in  his  "History  of  Printing,"  says,  "One 
of  his  [Zenger's]  daughters  was  mistress  of  a  tavern 
in  New  York  in  1758,"  but  which  one  it  was  does 
not  appear.  There  were  three  other  children  of 
John  Peter  Zenger  by  his  second  marriage,  who  ap- 
parently died  young  or  unmarried. 

His  wife  published  the  "Journal  "  from  the  time 
of  her  husband's  death  until  December,  1748,  when 
it  was  taken  over  by  John  Zenger,  the  son  of  the 

129 


JOHN  PETER  ZENGER 

first  marriage.  He  continued  it  until  1751,  when 
the  publication  ceased  entirely. 

As  to'  the  legal  and  practical  result  of  the  trial 
it  is  interesting  to  review  briefly  the  origin  and  de- 
velopment of  the  law  of  libel.  When  the  art  of 
printing  was  invented,  the  press  immediately  became 
subjected  to  a  severe  censorship,  a  power  assumed 
first  by  the  church  and  later  by  the  state.  This  au- 
thority was  exercised  by  the  Star  Chamber  during 
the  reign  of  Elizabeth,  and  when  that  body  was 
done  away  with  in  1641,  Parliament  exercised  the 
right  with  almost  the  same  degree  of  severity.  Un- 
der the  Licensing  Act  of  1662,  the  control  of  the 
press  was  taken  charge  of  by  the  Crown.  This  Act, 
limited  to  three  years,  was,  on  its  expiration,  renewed 
until  1679,  and  in  1685  it  was  renewed  again  for 
seven  years  more.  But  political  censorship  finally 
ceased  in  1695,  when  the  House  of  Commons  failed 
to  renew  the  Act  by  means  of  which  the  right  was 
exercised. 

After  the  censorship  was  thus  done  away  with, 
the  only  restraints  upon  the  right  to  freedom  of  dis- 
cussion were  those  imposed  by  the  law  of  libel, 
which  became  enforceable  by  the  judgments  of  courts 
founded  on  the  verdict  of  juries,  but  these  restraints 
were  practically  as  despotic  as  the  edicts  of  the  Star 
Chamber,  since  the  rights  and  duties  of  judges  and 
juries  remained  unsettled.  For,  though  the  law  of 
the  country  entitled  a  defendant  to  a  trial  by  jury, 
yet  as  the  judges  were  allowed  to  pass  upon  both 
the  facts  and  the  law,  the  result  was  a  practical  de- 
nial of  the  right  of  trial.    This  state  of  affairs  con- 


JOHN  PETER  ZENGER 


tinued  until  1791,  when  the  Libel  Act  of  Fox  passed 
the  Commons,  establishing  the  principle  that  in  cases 
of  libel  the  jury  were  to  be  the  judges  of  both  the 
law  and  the  fact,  and  by  this  means  the  judicial  tyr- 
anny which  succeeded  the  censorship  was  done  away 
with  forever. 

The  trial  of  Zenger  first  established  in  North 
America  the  principle  that  in  prosecution  for  libel 
the  jury  were  the  judges  of  both  the  law  and  the 
facts.  The  liberty  of  the  press  was  secure  from  as- 
sault and  the  people  became  equipped  with  the  most 
powerful  weapon  for  successfully  combating  arbitrary 
power,  the  right  of  freely  criticizing  the  conduct  of 
public  men,  more  than  fifty  years  before  the  cele- 
brated trial  of  "  Junius  "  gave  the  same  privilege  to 
the  people  of  England. 

By  degrees  the  Province  of  New  York  resumed 
its  state  of  former  quiet.  Cosby  died  in  March, 
1736,  and  was  succeeded  by  George  Clarke,  a  man 
of  more  liberal  mind.  But  the  old  conditions  were 
changed,  the  result  of  the  trial  had  imbued  the 
people  with  a  new  spirit ;  henceforth  they  were 
united  in  the  struggle  against  governmental  oppres- 
sion, and  as  Gouverneur  Morris  has  well  said  ;  '*  The 
trial  of  Zenger  in  1735  was  the  germ  of  American 
freedom,  the  morning  star  of  that  liberty  which  sub- 
sequently revolutionized  America." 


BIBLIOGRAPHY 

OF  THE 

ISSUES  OF  THE 
ZENGER  PRESS 
1725-1751 


EXPLANATION  OF  ABBREVIATIONS 


The  capital  letters  (as  below)  following  each  title  indicate  the  Public 
braries  (and  in  a  few  cases  private  collections)  which  contain  the  several  items 

B.  M.  British  Museum. 

B.  P.  L.  Boston  Public  Library. 

C.  E.  N.  Charles  Eliot  Norton,  Cambridge,  Mass. 

C.  H.  S.  Connecticut  Historical  Society,  Hartford,  Conn. 

E.  D.  C.  E.  Dwight  Church,  New  York. 

H.  S.  P.  Historical  Society  of  Pennsylvania. 

H.  U.  Harvard  University. 

L.  New  York  Public  Library,  Lenox  Collection. 

L.  C.  P.  Library  Company  of  Philadelphia. 

N,  J.  H.  S.  New  Jersey  Historical  Society. 

N.  J.  S.  L.  New  Jersey  State  Library. 

N.  Y.  H.  S.  New  York  Historical  Society. 

N.  Y.  S.  L.  New  York  State  Library. 

W.  N.  William  Nelson,  Paterson,  N.  J. 

Ed.  Editor. 

No  effort  has  been  made  to  locate  all  known  copies. 


K  L  A  G  T 

Van  Eeiiigo  Lc'icn  clcv 
tSr  V.  D  E  R  D  U  Y  T  S  E  H  E  T-i O  \X  M  D  f. 

l<i /  £  I/- 7  h  iv^  £  J ,  i IV   NO  O  K  L' '  A  M E  a  / . '  '  9 
Oi'.dji'  cle  Krooii  van  Ct cj:  -  Bnttihr.. 
Over  h.:-  G  C  U  R  A  G,  vij  :  -- 

V  A.  \^ 

Do.tllEODORUS  yJCOBC'  '  J.'  f  L  i  N  CIIU  iSl  I 
Met  iVa  Kci-k'-....  .•    .  '.u:-  ] 


N  T  V/  O  O  R  D 


A  -v  V  «  V         '  a 

■^XXq  L'Kffhhhrs  d.r  lVaarh:-d.   t  :  -       fu'lc,  voorgcftci.!.     •  ] 
Hft'  jL^u'  Gcgroiid    ^-  iNicf. 

MET  - 


*^  *^     B*    ^     ^    *^  B* 


BIBLIOGRAPHY 

WILLIAM  BRADFORD  AND  JOHN  PETER  ZENGER 

1725 

LAGTE/Van  Eenige  Leeden  der/NEDER- 
DUYTSE  HERVORMDE  KERK,/Woon- 
nede  op  Raretans^  &'c.^  in  de  Provincie  van  / 
NIEU-JERSET,  in  NOORD-AMERICA,/ 
Onder  de  Kroon  van  Groot-Brittanje./ Ovev  het 
GEDRAG,  Aldaar  en  Elders,  /  VAN  /  Do. 
THE  OD  OR  US  JACOB  US  FR ILING- 
HUISEN,/Utt  syn  Kerken-Raaden./TEN/ 
ANTWOORD/Op  hunne/ Ban-Dreygende  Daag-Brieven^  &c./ 
AAN/AUe  Liefhebbers  der  fVaarheyd^  ter  ondersoek,  voorgesteld, 
/Hoc  Die  Gegrond  zyn,  of  Niet./MET  etn/Noodige  Voor-Reeden^ 
tot  opheldering  van  de  AT/d^^^./Uytgegeven  Door/Z)^  Gevolmagtig- 
den  der  gemelde  Leeden./ \^m7^  square  printer's  ornament.]  /  Te 
Nieu-Tork^  Gedrukt  by  fVilliam  Bradford  en  f.  Peter  Zenger. 
1725-/ 

4to,  86  leaves. 

Collation  :  Title,  i  page;  blank,  i  page  ;  " Verklaaring,"  4  pages;  "Voor 
de  Vitgeevers  Van  deze  Klagte,"  3  pages  "  Op  de  Klagte  zelf,"  i  page  ;  "  Voor- 
Reedcn,"  etc.,  pages  [i]-xvi;  text,  beginning  "Eerste  Daagbrief,"  pages  1-144; 
Errata,  middle  of  page  144-146.  L. 


JOHN  PETER  ZENGER 
1726 

DE  AANBIDDELYKE/WEGEN  GODS/in  zyne/W^r- 
fl/n/ ^^^//VnVj^^VBesonder  over/DE/MACHTEN  deser  WEER- 
ELD,  /  Verklaart  en  toegepast  /  IN  /  DRIE  PREDICATIEN,/ 


137 


JOHN  PETER  ZENGER 


DOOR/PETRUS  FAN  DRIESSEN,  V.  D.  M./Te  NIEUW- 
ALBANIA.  /  [  Printer's  ornament.]  /  Te  NIEUW  -  YORK,/ 
Gedrukt  by  J.  PIETER  ZENGER,  MDCCXXVI. 

4to,  46  leaves. 

Collation  :  Title,  i  page,  printed  in  black  and  red  ;  "Immobilis  ad  Im- 
mobile Numen,"  etc.,  5  lines,  printed  in  red,  1  page;  "Opdragt,"  8  pages  ; 
text,  pages  [i]— 79  }  blank,  page  [80]  ;  Errata,  page  [81]  ;  blank,  page  [82]. 

L. 

THE  ADORABLE  /  WAYS  of  GOD  /  In  His  /  Sovereign 
Government,!  ?zn\cv\zr\y  over/THE/POWERS  of  this  WORLD, 
/Explained  and  Applied/IN/THREE  SERMONS./By  PETR  US 
VAN  DRIESSEN,  V.  D.  M.  /  At  NEPF-ALBANT.  /  NEW- 
YORK  :/Printed  by  John  Peter  Zenger,  MDCCXXVL 

4to,  43  leaves. 

Collation:  Title,  1  page;  "  Immobilis  ad  Immobile  Numen,"  i  page  ; 
Dedication  "To  his  Excellency  William  Burnet,"  7  pages;  blank,  i  page; 
text,  pages  [ij-ys  ;  blank,  page  [76].  Pages  54,  65,  70,  71  and  72  misnum- 
bered  56,  59,  58,  57  and  60.    Pages  68  and  69  not  numbered.  L. 

TSAMENSHRAAK,/Tusschen//OT/if/«x,  Legatus  en  Temper- 
atus. 

4to,  12  leaves. 

Collation  :  Text,  pages  3-24.  H.  S.  P. 

The  only  copy  traced  lacks  the  title-leaf.  The  above  is  at  the  top  of  page  3. 

THE/ INTEREST/ OF  THE/ COUNTRY/In  Laying/ 
DUTIES  :/OR/A  DISCOURSE,  Shewing  how/Duties  on  some 
Sorts  of  Mer-/chandize  may  make  the  Pro-/vince  of  New- York 
richer  than/it  would  be  without  them. /Sold  by  J.  Peter  Zenger, 
near  the  City-/ Hall  in  New- York.    Price  6.d./ 

8vo,  18  leaves. 

Collation:  Title,  page  [i];  blank,  page  [2] ;  text,  pages  3-35;  blank, 
page  [36].  Ed. 

SAMENSPRAAK  /Over  de  /  KLAGHTE  /  DER  /  RARI- 
TANDERS;/So  in't  Gemeen,  als  wel  in't  Beson-/der,  wegens  het 
gene  in  die  ter/neder  gestelt  isten  Laste/VAN/CORNELIUS 
van  SANTVOORDj/Predikant    op  Statcn-Eilant./Meteen/Na- 

138 


BIBLIOGRAPHY 


schrift  tot  Vrede./  [Printer's  ornament.]  /TE  NIEUW-YORK,/ 
Gedrukt  by  J.  Peter  Zenger,  1726./ 

8vo,  107  leaves. 

Collation  :  Title,  i  page  ;  blank,  1  page  ;  '<  Bericht  aan  der  Lceser,'*  a 
pages;  text,  pages  1-194;  "  Naschrift  tot  Vrede,"  pages  i-xiv ;  Errata,  i  pagej 
blank,  i  page.  W.  N. 

VERDEEDIGING/VAN/D.  BERNARDUS  FREEMAN,/ 
WEGENS/HET  gene  hem  voornaamlyk  ten  Laste/gelegt  word 
in  zeeker  BOEK,/GENAAMT  KLAGTE,  &c./ [Printer's  or- 
nament.]/Te  NIEUW-YORK,/Gedrukt  by  J.  Peter  Zenger, 
in 't  Jaar,/MDCCXXVI./ 

8vo. 

Collation  :  Title  and  text,  pages  1-125;  [i]. 

Not  seen.    Title  furnished  by  Mr.  Wilberforce  Eames. 


1727 

THE/CHARGE/Given  by  The/CHIEF  JUSTICE/OF 
THE/Prw/W  of  NEW-YORK,/TO  THE/GRAND  JURY/ 
OF/The  CITY  Of  NEW-YORK,/In  March  Term,  1726-7./ 
Printed  at  the  Request  of  the  said  Grand  Jury./ New-Tor Printed 
and  sold  by  John  Peter  Zenger,  ^T^l-    (pr.  6d.)/ 

4to,  10  leaves. 

Collation:  Title,  page  [i]  ;  blank,  page  [a]  ;  text,  pages  [3]-i9  ; 
blank,  page  [20].  H.  S.  P. 


(i)/To  the  Honourable/ADOLPH  PHILIPSE,  Esq;/As  it 
is  a  noble  and  brave  thing  to  defend  ones  country  against  the  usur-/ 
pations  [etc.] . 

Folio,  1  leaf. 

Collation  :  Text,  pages  i  and  2.  L. 


Sir,/ In  my  Former  I  frankly  informed  you  in  what  Manner 
your  Adver-/saries  [etc.]. 

4to,  2  leaves. 

Collation  :  No  separate  title-page.    Text,  pages  [i]-[3];page  [4]  blank. 
Signed  at  bottom  of  page  [3],  "I  am  your's  &c."  L. 
A  second  letter  to  Adolph  Philipse. 


JOHN  PETER  ZENGER 


1728 

JVilUm  Christoffel  Berkenmeyers  jHe^itxyzzTs  des  Heyligen  Euan- 
geliums  van  A^j Nederduytsche  Gemeente/TE/A^/Vazi/-i^or/f,  Alban'u 
on  daar  ontrent,/Insgelyks/der  Parochye  der  Palatynen  by  ^assayk^/ 
DE  ONVERANDERDE  A.  ,C.  TOEGEDAAN,  /  GER- 
TOUWE/HERDER-en  WACHTER-/STEM/Ana  de  Hoog- 
en  Neder-Duitsche  Lutheriaanen/in  dese  Gewesten,/eenstemmig 
te  zyn  vertoont/met  twee  Brieven  en  andere  Redenen  Luther- 
scher  Theologanten. / AANGAANDE/'t  Fan  D!eremche\Beroep^/Elf 
/De  Henkehche  Bevestiging./Te  Nieuw-York^  by  y.  Peter  Xenger^ 
A.C.  MDCCXXVIII. 

4to,  90  leaves. 

Collation:  Title,  i  page;  "I  Timoth.  IV.,  i,  a"  [etc.],  i  page;  blank,  1 
page;  "Opdracht"  [etc.],  i  page;  text,  pages  i-i 50,  with  numerous  errors 
in  the  pagination;  Postscript,  iz  pages;  *'  DruckFeilen,"  10  lines,  1  page;  blank, 
I  page.  H.  U. 

1729 

REMARKS/UPON/ A  DISCOURSE/INTITULED  /  AN 
OVERTURE/Presented  to  the  REVEREND  SYNOD/of  Dis- 
senting MINISTERS  sitting/in  Philadelphia,  in  the  Month  of  Sep-/ 
tember,  I728./In  a  Letter  to  the  Author./By  a  Member  of  the  said 
SYNOD./ [Jonathan  Dickinson.] /Printed  by  J.  Peter  Zenger, 
in  Smith-Street,/ in  New  York,  1729./ 

8vo,  16  leaves. 

Collation:  Title,  p.  [i];  blank,  p.  [2];  text,  pages  3-32.       B.  P.  L. 

EEN  TROUWHERTIG/VERTOOG/VAN/.£^«  waare 
Rechtveerdige,/m  TEGENSTELLINGE  Vm/Een  Godloose  Son- 
daar. I  Yoorgeste\t  Y^/Twee  Predikatien, I  Over  I  Pet.  IV.  18./ 
Door  Do.  Theodorus  Jacobus  Fr'ilinghuisen,  Predi-/kant  der  Gereform- 
eerde  Gemeentens  op  de/RARlTAN./Uit  gegeeven  volgens  de 
Vermaaning  van  den/Propheet  Jesaias^  Cap.  III.  10,  w.f  Segget  den 
Rechtveerd'igen  dat  (hem)  wel  gaan/sal  dat  sy  de  Vrucht  haarer 
Werken  sullen  eeten.jWee  den  Godloosen^  het  sal  (hem)  quaalyk  gaan^ 
wantfde  Vergeldinge  syyier  handen  sal  hem  geschieden./  Nieuw-York, 
Gedrukt  voor  S.  Gerritsen^  en  J.  D./ Puy^  by  John  Peter  Zenger^ 
MDCXXIX./ 

8vo,  30  leaves. 

Collation:   Title,  page   [i];  verses,  beginning  :•  «'0  !  Snood  verkeerd 


140 


BIBLIOGRAPHY 


Geslacht  van  ons  Nieuw  Nederland",  page  [2],  text,  beginning  "  Een  Trou- 
whertig  Vertoog;  "  pages  [3]-S9)  Errata,  page  [60]. 

The  imprint  has  the  date  1629  instead  of  1729.  L. 

1730 

DE/HEERLYKHEIT  der  GENADE/VAN  DEN/EENI- 
GEN  en  DRIE-EENIGEN  /  VERBONDS-GOD:/Volgens  de 
Gronden/VAN  DEN  /  HEIDELBERGSCHEN  /  CATECHIS- 
MUS,/TOT/Vorderinge  en  Opbouw  in  Gods-Keniffe/en  waare 
HeiVigmzikinge^/Y  OOK/ Het  Eucinge/ischeFerbonds-FoIi  verklaart^be- 
/vestigd en  toegepast^  met  Vraagen  en  y/«/tyo(7r(2Vw./DOOR/PETRUS 
VAN  DRIESSEN,  V.D.M./te  Nieuw-AlbanienI  [Printer's  orna- 
ment.] Gedrukt  te  Nieuw- Jork,  by  J.  Peter  Zenger./MDCCXXX./ 

8vo,  235  leaves. 

Collation:  Title,  i  page;  blank,  i  page;  "Verklaaring",  2  pages,  dated 
at  end  "Nieuw-York,  den  24  Junii,  Anno  1730."  and  signed  "G.  D.  Bois" 
and  "Henricus  Boel.";  verses  "Op  het  eerste  Deelde  Heerlykheit  der  Genade," 
2  pages,  signed  at  end  "Jacob  Goelet.";  "  Opdracht  Aan  de  Bloejendc 
Gemeinte  te  Nieuw  Albanien",  pages  [i]-xx,  dated  at  end  '  'Albany  den  26  Sept., 
1729,"  and  signed  "Petrus  Van  Driessen." ;  text,  pages  [i]-444.  Pagei94is 
wrongly  numbered  94;  31913  219  and  355  is  323.  N.  Y.  H.  S. 

KORTE  SCHETS/En  ONTWERP  van  de  voorname/ 
Grond-Regelen/DER/LEERSTUKKEN/VAN  DE/ Hervormde 
Nederduytsche /KERK./KoTt  en  beknoptelyk  'tsamen  gesteld/tot  on- 
derwys  en  leering  vande  Jeugt,  als  der  aankommende  Leedemaaten./ 
DOOR/PETRUS  VAS,Dienaar  Jesu  Christi,/in  de  Gemeinte  tot 
KINGSTON.  /  Den  ttueeden  Druk.j  [Printer's  ornament.]/  Ge- 
drukt te  Nieuw-Tork,  by  J.  Pieter  Zenger /UDCCXXX./ 

i2mo. 

The  only  copy  traced  is  imperfect,  consisting  of  title,  i  page;  blank,  i  page 
prefatory  poem,  i  page,  the  leaf  containing  page  [4]  being  pasted  down  upon 
the  marbled  paper  cover  of  a  copy  of  Venema's  "Arithmetica."  Remainder  of 
book  is  lacking.  N.  Y.  S.  L. 

Berkenmeyer  (W.  C).  Consilium  in  Arena,  oder  Mitleidens 
voile  Antwort  auf  das  Bitt-Schreiben  der  Hoch-Teutsch-Luthrischen 
Gemeinde  im  Camp.    Nieuw  York. 

4to. 

Not  seen.  Title  taken  from  Sabin,  Vol.  II,  p.  94,  No.  4886.  This  was 
written  by  Berkenmeyer  and  as  Zenger  printed  one  of  his  books  in  17^8  and  John 
Zenger  another  in  1749,  it  is  very  probable  that  Zenger  printed  this  one  also. 


141 


JOHN  PETER  ZENGER 


ARITHMETICA/OF/CyfFer-Konst,/Volgens  de  Munten 
Maten  en/Gewigten,  te  NIEU-YORK,/gebruykelyk/Als  Mede/ 
Een  kortontwerp  van  de/ALGEBRA,/Opgestelt  door/PIETER 
WENEMA^/ Mr.  in  de  Mathesis  en  Schryf-Konst/ [Printer's  or- 
nament]/NIEU-YORK,/Gedruckt  voor  Jacob  Goelet.hy  de/Oude- 
Slip,  by  J.  Peter  Zenger.lMDCCXXX./ 

izmo,  63  leaves. 

Collation:  Title,  i  page;  blank,  1  page;  preface,  z  pages;  errata,  i  page; 
blank,  1  page;  text,  pages  1-120.  N.  Y.  S.  L.,  N.  Y.  H.  S. 

Letter  to  a  Parishioner,  which  J.  Mott  Pretended  to  answer  in  a 
Pamphlet  entitled  The  Great  Work  of  Christ's  Spirit,  &c.  New- 
Yorkj  Printed  by  John  Peter  Zenger.  1730? 

sm.  8vo. 

Not  seen.  Title  taken  from  Sabin,  Vol.  X,  p.  26a,  No.  40421.  Probably 
by  Samuel  Johnson. 

173I 

Necessarius I  THE  continuance  of  an  able  and  Godly  / Minister  very 
needful  to  a  P^o/./^./A/SERMON/Preached  at  the  Funeral  of  the 
Reve-/rend  Mr.  JOHN  DAVENPORT,  /  \zte  Pastor  of  the 
Church  in  Stamjford;  who  died  on  Fryday  Febr.  5,/ 1 730-1,  in  the 
62  Year  of  his  Age, /and  36  of  his  Ministry:  And  was/decently  in- 
terred on  Munday  folow-/ing./By  the  Rev.  SAMUEL  COOKE, 
Pastor  of  the/Church  of  Christ  in  Stratfield./z  Reg.  ii  12.  My 
Father,  my  Father  !  the  Chariot  of  j  Israel,  and  the  Horsemen  thereof./ 
Printed  by  J.  P.  Zenger  in  New-Tor k,  1731./ 

8vo,  32  leaves. 

Collation:  Pages  i  and  2  lacking  in  the  only  copy  examined,  perhaps  a  half- 
title;  title,  page  [3];  blank,  page  [4];  text,  pages  [s]-62.  Pages  63-64  lack- 
ing in  the  copy  examined,  probably  blank.  N.  Y.  H.  S. 

[Two  rows  of  printer's  ornaments.]  GEORGE  the  second, 
by  the  Grace  of  God,  of  Great  Brittain,/ France  and  Ireland,  King, 
Defender  of  the  Faith,  i^c./To  all  to  whom/these  Presents  shall 
come,  Greeting. 

Folio,  4  leaves. 

Collation:  No  separate  title-page.  Text  pages  [1] -8.  Dated  at  end  "at 
Fort  George  in  the  City  of  New-York,  the  eighth  day  of  June,  in  the  fourth  year 


142 


BIBLIOGRAPHY 


of  our  Reign,  Annoq;  Domini,  One  Thousand  seven  Hundred  and  Thirty-one," 
and  signed  "Clarke."  Following  the  document  proper  is  an  extract  from  the 
original  Letters  Patent,  9  lines,  with  heading,  2  lines.  N.  Y.  H.  S. 

Patent  granting  to  Thomas  Hanly,  Nathan  St.  John  and  others,  four  tracts 
of  land  known  as  the  Oblong,  situated  on  the  partition  line  between  New  York 
and  Connecticut.     "  To  Zenger  for  aoo  copies  of  our  patent  with  paper 

7,0."    Accounts  of  tht  Equivalent  Land  Co.,  p.  5. 

1732 

A/True  and  Just/VINDICATION/OF/Mr  ^/^xW^r  Camp- 
3^//,/FROM/The  several  Aspersions  cast  upon  him,  and  that/Load 
of  undeserved  Calumny  and  Reproach,  he  at/present  lyes  under./ 
In  a  Letter  directed.  To  Edmund,  Lord  Bishop /of  LONDON./ 
NEfr-rORK:/?imicA  by  John  Peter  Zenger,  MDCCXXXIL/ 
i2mo,  printed  in  fours. 

Collation:  Title,  p.  [1];  blank,  p.  [2];  text,  pp.  [3]-i4;  blank,  pages 
[15-16].  Dated  at  end  "New- York,  July  30,  1732."  and  signed  "Alex. 
Campbell."  L. 

A/SUPPLEMENT/TO  THE/VINDICATION/OF/Mr. 
Alex^  C<2OT/»3^//;/WHEREIN/All  the  Objections  made  to  the  said 
Vindica-/tion  are  answered,  particularly,  those  in  a/late  Paper, 
called,  Mr  Noxons  Observa-j tiom  {^^^./[Row  of  printer's  orna- 
ments.]/A^^w-31;r^,/ Printed  by  J.  Peter  Zenger,  in/ Smith- Street./ 
i2mo,  printed  in  fours. 

Collation:  Title,  page  [i];  blank,  page  [2];  text,  pages  [3]-35;  blank, 
page  [36]-  Dated  at  end  (page  35),  "New-York,  August  15,  1732."  and 
signed  <«Alex.  Campbell."  L. 

Mr.  A^O^OA^'^/OBSERVATIONS/UPON/Parson  Camp- 
belFs  Vindication./ 

[Colophon  :]  NEW-YORK,  Printed  by  John  Peter  Zenger, 
MDCCXXXIL/ 

Folio,  I  leaf. 

Collation:  Text,  1  page;  blank,  i  page.  The  above  heading  at  top,  ex- 
tending across  the  page;  text  below,  in  two  columns,  beginning: 

"I  Resolve  (as  you  have  done  in  |  the  12th  Page  of  your  Vindication)  | 
[etc.]"  L. 

[Two  rows  of  printer's  ornaments.]  Maxima  liber tatis  custodia 
est,  ut  magna  Imperia  diurturna/non  sint,bf  temporis  modus  impona- 
tur  (juibus  juris  imponi/non  potest.    Mammerc.    apud  Liv./ 

H3 


JOHN  PETER  ZENGER 


[Colophon:]  NEfV-TORK,  printed  by  John  Peter  Zenger, 
M  DCC  XXXII./ 

Folio,  I  leaf. 

Collation:  Text,  pages  [i]  am  [2].  The  above  heading  is  at  top  of  page 
[i]  extending  across  the  page.  The  text  is  in  two  columns  and  begins:  "If  ever 
we  shall  lose  our  Liberties  in  |  Great  Britain  [etc.]"  Signed  at  end,  above  the 
colophon,  "M.  B."  L. 

[Two  rows  of  printer  s  ornaments.]  Nullum  tempus^  ulla  pre- 
scrtptio  occurit  veritati.  "Yertul./ Lex  est  sanctio  recta^  jubens  honesta^ 
Prohibens  contraria,  Cicero. 

Folio,  2  leaves. 

Collation:  No  separate  title-page.  Text,  beginning:  "Men  are  subject  to 
Errors,  and  it  is  the  Work  of  the  Best  and  |  Wisest"  etc.,  signed  "Yonr  humble 
Servant.  |  John  Sydney."  pages  [i]  and  [4];  pages  2  and  3  arc  blank.  L. 

The  above  is  the  description  of  the  only  copy  known.  It  is  evidently  a  proof 
and  it  was  probably  the  intention  to  issue  the  sheet  as  a  single  leaf,  printed  on 
both  sides. 

[One  row  of  printer's  ornaments.] /^/W//  amor  patriae^  Virg./ 
Folio,  1  leaf. 

Collation:  Text,  pages  [i]  and  [2].  The  row  of  printer's  ornaments  ex- 
tends across  the  page.  Text  is  in  two  columns,  the  above  heading  being  at  top 
of  the  first  column  of  page[i].  Text  begins  "Some  Gentlemen,  who  are  other- 
j  wise  Men  of  Sense,  [etc.]"  Signed  at  end,  < 'Andrew  Fletcher."  L. 

Advising  annual  elections  to  the  Assembly. 

[Three  rows  of  printer's  ornaments.] /O  Liberty,  thou  Goddess 
heavenly  bright! /Profuse  of  Bliss,  and  pregnant  with  Delight!/Eter- 
nal  Pleasures  in  thy  Presence  Reign,/And  smiling  Plenty  leads  thy 
wanton  Train. /Eas'd  of  its  Load,  Subjection  grows  more  light,/ And 
Poverty  looks  chearful  in  thy  Sight./ Thou  mak'st  the  gloomy  Face 
of  Nature  gay,/Giv'st  Beauty  to  the  Sun,  and  Pleasure  to  the  Day./ 
'Tis  Liberty  that  crowns  Brittania's  Isle,/ And  makes  her  barren 
Rocks  and  her  bleak  Moun-/tains  smWe./ Jddison. I 

Folio,  2  leaves. 

Collation:  No  separate  title-page.  Text,  pages[i]-3j  page  [4]  blank.  The 
above  verses  quoted  from  Addison,  printed  in  large  type  at  top  of  page  [i];  text 
in  long  lines  beginning: 

"There  is  nothing  in  which  the  Generality  of  Mankind  are  so  much  |  mii- 
taken,  as  when  they  talk  of  Government  [etc.]"  Signed  at  end,  "Fortius." 

On  the  necessity  of  frequent  elections.  ,  L. 


144 


BIBLIOGRAPHY 

A  LETTER/From  a  Gentleman  in  in  the  COUNTRY/to  his 
Friend  in  TOWN./ 

Folio,  I  leaf. 

Collation:  Text,  page  [i],  page  [2]  blank.  Heading  as  above  at  top. 
Text,  printed  in  long  lines,  signed,  at  bottom,  «'Robt.  Dissolution." 

On  Cosby' s  first  Assembly.  L.,   N.  Y.  S.  L. 

[One  row  of  printer's  ornaments.] /7~<?  F — H — Esq;/ 
Folio,  2  leaves. 

Collation:  No  separate  title-page.  Text,  pages  [i]-4.  Printed  in  two  col- 
umns, the  above  heading  in  small  type  at  the  top  of  the  first  column  of  page  [i]. 
Text  begins:  *'  I  am  very  much  oblig'd  to  you/for  your  sincere  Wishes,  and 
do/ [etc.]"  L. 

Addressed  to  Francis  Harison,  apparently,  and  in  defence  of  Alexander 
Campbell. 

(l)/7o  the  Reverend  Mr.  Vesey  and  his  two/ Subalterns^  viz, 
Tom  Pert  the  Beotian^j and  Clumsy  Ralph  the  Cimmerian. j 

Folio,  2  leaves 

Collation  :  No  separate  title-page.  Text,  pages  1-4.  The  above  heading 
is  at  top  of  page  i.  The  text  is  in  long  lines  and  begins  :  '« It  is  somewhat  sur- 
prizing that  Gentlemen  who  pretend  to  Learning/and  Discretion,"  [etc.]  L. 

1733 

[Four  rows  of  printer's  ornaments.] /To  the  Author  of  those 
Intelligencers/printed  at  Dublin.,  to  which  is  pre-/fix'd  the  following 
Motto,/' Ootw^  vafer  vitium  ridenti  Flaccus  amico /Tangit.,1^  admissus 
circum  proecordia  ludit. / Persius. /^tmg  a  Defence  of  the  Plantations 
against  the/virulent  Aspersions  of  that  Writer,  and  such/as  copy 
after  him./ [One  row  of  printer's  ornaments.]/ 

[Colophon:]  NEW-YORK,  Printed  and  Sold  By  j.  Peter 
Zenger.  i-JZZ-/ 

Folio,  5  leaves. 

Collation:  No  separate  title-page.  Text  pages  i-io.  Heading  as  above 
at  top  of  page  1.    Signed  at  end  "Roscommon."  L. 

THE/ARGUMENTS/OF  THE/Council  for  the  Defen- 
DANT,/In  Support  of/A  Plea  to  the  JURISDICTION, /Pleaded  to 
a  Bill  filed  in  a  Course  of  EQUITY,/ At  the  SUIT  of/The 


145 


JOHN  PETER  ZENGER 


ATTORNEY  GENERAL,Complainant,/AGAINST/RIP  VAN 
DAM,  Defendant,/IN  THE/Supream  Court  of/NEW-YORK./ 
(Printers'  Ornament)  A^£^-rOi2^;/Printed  by  JOHN  PETER 
ZENGER,  M,DCC,XXXIII./ 

Folio,  27  leaves. 

Collation:  Title,  i  page;  blank,  1  page;  text,  pages  1-51,  with  Errata,  5 
lines  at  bottom  of  page  51;  page  [52]  blank.  L. 

The  latest  date  of  any  of  the  documents  included  seems  to  be  April  9,  1733. 
This  portion  was  probably  published  during  the  summer. 

[One  row  of  printer's  ornaments.]  The  Proceedings  of  Rip 
Van  Dam,  Esq;  in  order/for  obtaining  Equal  Justice  of  His  Excel- 
\tncy / William  Coj^^,  Esq;/[CoIophon  at  bottom  of  p.  63:] /A^<?zt; 
Tork  :  Printed  and  Sold  by  yohn  Peter  Zenger,  where  also/is  to  be 
sold.  The  Argument  of  Van  Dam's  Couucil  in  Support  of /his  Plea  to 
the  Jurisdiction  of  the  Supream  Court  of  New- York./ 

MDCCXXXIII./ 

Folio,  6  leaves 

Collation:  No  separate  title-page.  Text,  pages  53-63;  page  64  blank. 
Heading  in  large  type  as  above  at  top  of  page  53.  Text  begins,  "My  Plea  be- 
ing over-ruled,  as  by  the  Minutes  of  Court  and  Ar-/guments"  [etc].  Signed 
at  end  "  Rip  Van  Dam."  L. 

The  latest  document  included  is  dated  October  22.  This  piece  was  adver- 
tised in  the  Nenu  York  Weekly  Journal,  No.  5,  Dec.  3,  1733,  as  follows  : 

"There  is  now  printing  and  will  shortly  be  published,  and  to  be  sold  by 
the  Printer  of  this  Paper,  The  Proceedings  of  Rip  Van  Dam  Esq;  in  order  for 
obtaining  equal  Justice  of  His  Excellency  William  Cosby,  Esq;  by  which  it 
seemeth  that  said  Van  Dam  conceives  an  Attack  has  been  made  in  this  Province 
on  the  Pri'viledge  of  JURIES  in  the  Case  nvhere  it  is  of  greatest  Value,  to  ivitt, 
betuueen  THE  KING  and  HIS  SUBJECTS,  or  rather,  GOVERNOUR  and 
PEOPLE:  it  contains  three  Sheets,  price  9d." 

Eleutherius  Enervatus;/OR/An  Answer  to  a  Pamphlet,  Intitu- 
/led.  The  divine  Right  of  Presbyte-/rian  Ordination,  &c.,  argued./ 
Done  by  way  of  Dialogue/ BETWEEN/ Eusebius  and  Eleutherius, 
together  with/two  Letters  upon  this  Subject,  some/Time  agoe  sent  to 
the  supposed  Auther/of  that  Pamphlet. /Isai.  65.  2.5. 1  have  spread  out 
my  Hands  all  the  Day/unto  a  rebellious  People,  which  walketh  in  a 
way  that/was  not  good,  after  their  own  Thoughts,  which  say  stand/ 
by  thy  self,  come  not  near  to  me,  for  I  am  holier  than  thou. /These  arc 


146 


BIBLIOGRAPHY 


a  smokein  my  Nose;  a  Fire  that  Burneth  allthe/Day./NEW-YORK 
/Printed  by  J.  Peter  Zenger,/MDCCXXXni./ 

8vo,  58  leaves. 

Collation:  Title,  page  [ij;  blank,  page  [2];  text,  pages  3-1 15;  blank 
page  [116].  B.  P.  L. 

[Two  rows  of  printer's  ornaments. ]/Farther  proceedings  con- 
cerning the  Case  of  Rip/  Fan  Dam^  Esqr.  at  the  Suit  of  the  Attor- 
ney/General being  for  the  Use  of  his  Excellency/ Coll,  Cosby  Gov- 
ernour  of  this  Province,  in/the  Equity  Side  of  the  Exchequer./ 

Folio,  2  leaves. 

Collation:  No  separate  title-page.  Text  pages  65- [6 8],  page  68  being 
wrongly  numbered  80.  Heading,  as  above,  in  large  type  at  top  of  page  65. 
Text  begins  '  *  Some  People  have  been  pleased  to  blame  me  for  not  accepting  of  the 
/Accommodation  [etc]"  Signed  at  bottom  of  page  [68]  "Rip  Van  Dam."  L. 

As  one  document  included  is  dated  "19th  Day  of  January,  1733-4"  this 
was  printed,  probably  in  January,  or  in  February  at  the  latest. 


A/LETTER/From  a  Gentleman  in  New- York,  to  his/Friend 
in  London./ 

[Colophon:]  America  :  Printed  in  the  Year  1733./ 
4to,  2  leaves. 

Collation:  No  separate  title-page.  Text,  pages  1-3,  blank,  p.  [4].  Signed 
at  end  "Sir,/Your  most  Humble  Servant,/P.  P."  N.Y.S.L. 
A  criticism  of  Cosby  for  taking  a  present  from  the  Assembly. 

A/LETTER/FROM/^  Minister  of  the  Church / OY /E'NG- 
LAND/TO  m^/ Dissenting  Parishioners,  j  CONTAINING  /  A 
brief  Answer  to  the  most  material  Objec-/tions  against  the  Estab- 
lish'd  Church  that/are  to  be  found  in  De  Laune's  Plea,  The/ Ans- 
wer to  the  Bishop  of  Derry,  The  plain/ Reasons  for  separating,  &c. 
and  others./  Together  with  plain  Reasons  for  Confor-/mity  to 
the  Church  of  England. /i  Kings  18,  21.  How  long  halt  ye  between 
two  Opinions. I  \  Cor.  14,  40.  Let  all  Things  be  done  decently  and  in 
(or  ac-/cording  to)  Order./ 1  Pet.  2,  13.  Be  subject  to  every  Ordin- 
ance of  Man  for  the /  Lord^s  Sake./  New-  York.,  Printed  by  fohn 
Peter  Zenger.y  1733./ 

i2mo,  printed  in  fours;  16  leaves. 

Collation:  Title,  page  [i];  blank,  page  [2];  text,  pages  3-31;  blank, 
page  [32].  N.  Y.  S.  L. 

Probably  by  Samuel  Johnson,  D.D. 


147 


JOHN  PETER  ZENGER 


A  PROTESTATION.  [1733] 

Folio,  3  leaves. 

Collation:  No  separate  title-page.  Text,  pages  1-55  blank,  page  [6], 
Above  heading  at  top  of  page  i.  Dated  at  end  *<this  Twenty-sixth  Day  of 
March,  .  .  .  1733,"  and  signed  "Alex.  Campbell."  Signature  of  Notary 
and  postscript,  17  lines,  at  end.  L. 

Protestation  of  Alexander  Campbell  against  his  examination  on  charges  pre- 
ferred to  the  Bishop  of  London. 

The  Opinion  and  Argument  of  the  Chief  Justice  of  the  Prov- 
ince of  New- York. 

A  first  edition  of  this  piece  must  have  been  printed,  but  no  copy  has  been 
found. 

(i)/The  Opinion  and  Argument  of  the/Chief  Justice  of  the 
Province  of  New-/  Tork,  concerning  the  Jurisdiction  of  the/supream 
Court  of  the  said  Province,/ to  determine  Causes  in  a  Course  of  Equity.  I 
The  Second  Edition  Corrected  and  Amended.  JTo  his  Excellency  WIL- 
LIAM COSBT,  Esq ;/  [etc.]. 

[Colophon  :]  NEW-YORK,  Printed  and  sold  by  John  Peter 
Zenger^  in  Smith  Street,  1733./ 

Folio,  8  leaves. 

Collation:  No  separate  title-page.  Text,  pages  1-15;  page  [16]  blank. 
Heading,  as  above,  at  top  of  page  1 .  Colophon,  as  above,  at  bottom  of  page 
15.    Text  is  signed  at  end  "Lewis  Morris."  L. 


(2)/The  Opinion  and  Argument  of  the/Chief  Justice  of  the 
Province  of  New-/ Tori,  concerning  the  Jurisdiction  of  the/supream 
Court  of  the  said  Province,//^  determine  Causes  in  a  Course  of  Equity./ 
— The  Second  Edition  Corrected./To  his  Excellency  WILLIAM 
COSBT,  Esq;/[etc.]. 

[Colophon  :]  NEW-YORK,  Printed  and  Sold  by  J.  Peter 
Zenger.  i-J^Z-/ 

Folio,  8  leaves. 

Collation  :  No  separate  title-page.  Text,  pages  [i]-i5;  blank,  page  [16]. 
Page  [i]  is  wrongly  numbered  2.  Heading,  as  above,  at  top  of  page  [i]. 
Text  is  signed  at  end  "Lewis  Morris."  Below  the  signature  is  a  list  of  errata, 
six  lines  (where  the  edition  is  corrected  :  " for  second  read  third.")  and  colo- 
phon, as  above.  L. 

THE/VINDICATION./OF/7^OT^i  AlexanderfOne  of  His 
Majesty's  Council  for  the  Province  of  New-rori  J  AND  OF/ 

148 


BIBLIOGRAPHY 


JVilliam  Smith,/ Attorney  at  Law,/ From  the  Matters  charged  and 
suggested  against/them  in  two  Pamphlets  lately  published. /THE 
ONE/ A  Paper  addressed  to  the  Mayor,  Aldermen  and  Common- 
alty of/the  City  of  New-Tork,  by  the  Honourable  Francis  Harrison^ 
Esq;/oneof  His  Majestys  Council,  for  the  Province  of  New-York./ 
THE  OTHER/A  Report  of  the  Committee  of  His  Majesty's 
Council,  to  whom  it/ was  referred  to  examine  and  make  Inquiry 
touching  a  Letter  found/in  the  House  of  Mr.  Alexander,  in  New- 
It  ork  on  Fryday  the  ist  oi I  February,  1732—3  in  order  to  make  the 
fullest  Discovery  concerning  the  j  Author  of  the  same.  J  To  which  is  aa'- 
///^/A/SUPPLEMENT/CONTAINING/A  brief  Account  of 
the  Case  of  William  Trusdell,  PlaintifF,/AGAINST/the  Honour- 
able Francis  Harison,  Esq;  Defendant,/ For  Arresting  and  Im- 
prisoning the  Plaintiff  and  keeping  him  9  Weeks  in  Prison,  at/the 
Suit  of  foseph  IVeldon,  without  the  Assent,  Consent,  or  Knowledge 
of  the / same  yw^/>/6  /i^i?/^i?n./Which  Cause  was  tried  in  the  Supream 
Court  of  New-York,  on  the  ic)th  of  April,/ 1"]-^^.  wherein  the  Jury 
found  for  the  Plaintiff  Trusdell  /.150.  Damages,  and/Costs  of 
Suit./ Printed  by  fohn  Peter  Zenger,  and  to  be  sold  by  him  at  his 
House  in  Broad  Street,  near/the  upper  End  of  the  long  Bridge,  in 
New- York,  1733.    Price  \s./ 

Folio,  1 1  leaves. 

Collation:  Title,  i  page;  Errata,  1  page;  text,  pages  [i]-i5.  Supplement, 
pages,  16-20.  L. 

Advertised  in  the  Neiv  York  IVeekly  Journal,  No.  27,  dated  May  6,  1734, 
as  «'This  Day  is  published  The  Vindication  of  James  Alexander,''^  etc. 

THE/ New-York  Weekly  Journal./ Containing  the  freshest 
Advices,  Foreign,  and  Domestick./ 

[/Colophon:]  NEW-YORK:  Printed  and  Sold  by  John  Peter 
Zenger:  By  whom  Subscriptions/ for  this  Paper  are  taken  in  at 
three  Shillings  per  Quarter./ 

Nine  numbers.  From  No.  1,  dated  October  5  (a  misprint  for  November  5), 
1 7  3  3,  to  No.  9,  dated  December  31,  1733.    Each  number  consists  of  four  pages. 

1734 

[Two  rows  of  printer's  ornaments.]  /Some  Observations  on  the 
Charge  given/bythe  Honourable  fames  DeLancey,/^sq;  Chief  Jus- 
tice of  the  Province  oi/ NEW-YORK,  to  the  Grand  Jury,  the/ if//; 
Day  of  January,  i-JZZ-l 


149 


JOHN  PETER  ZENGER 


[Colophon:]  NEW-YORK./Printed  and  sold  by  J.  Pettr 
Zenger,  Price  is.  1733-4./ 

Folio,  9  leaves. 

Collation  :  No  separate  title-page.    Text,  pages   1-18  ;  page  8  being 
wrongly  numbered  6.    Heading,  as  above,  at  top  of  page  i;  Colophon,  as 
above,  at  bottom  of  page  18.    Not  signed.  L. 
This  piece  was  advertised  in  the  Neixj  York  fTeekly  Journal,  No.  20,  March 
1733— 4,  as  follows  : 

'  'THere  are  Printed  and  Sold,  by  the  Publisher  hereof  some  Observations  on  the 
Charge  given  by  the  Honorable  James  De  Lancey,  Esqr. ,  Chief  Justice  of  the  Pro- 
vince of  New  York,  to  the  grand  Jury,  on  the  15  th  Day  of  January  1733,  Price,  is.'* 

The  above  advertisement  was  repeated  in  Nos.  21  and  22,  March  25  and 
April  I,  1734. 

A  Song  made  upon  the  Election  of/new  Magistrates  for  this 
City  ./To  the  tune  of,  To  you  fair  Ladies  now/on  land/ 

Folio,  I  leaf. 

Collation :  Text,  1  page,  blank,  1  page.  Two  songs  printed  in  two 
columns,  above  heading  being  at  top  of  first  column.  The  second  song  begins 
near  the  bottom  of  the  first  column  and  continues,  filling  the  second.  It  has  the 
heading,  A  Song  made  upon  the  foregoing/Occasion."  Text  and  headings 
printed  from  italic  types  of  two  different  founts. 

L.;  N.  Y.  S.  L.;  B.  M. 

[Two  rows  of  printer's  ornaments.] /iST/n^'j  County,  the  I2ih  of 
September,  1 734. /Mr.  Zenger  ijX  Received  two  Days  ago  a  Letter 
from  some  of  my  Brother  Trades-Men  in/the  City,  [etc.] 

Folio,  2  leaves. 

Collation  :  No  separate  title-page.  Text,  pages  1-3;  page  [4]  blank. 
The  above  is  the  beginning  of  a  letter,  7  lines,  besides  superscription  and  sub- 
scription, signed  «<  Timothy  Wheelwright."  Following  this,  filling  the  remain- 
der of  page  I,  all  of  page  2,  and  7  lines  (besides  superscription)  on  page  3,  is  a 
second  letter  dated  *' New  York,  the  8th  of  September,  1734.",  addressed  to 
"Brother  Chip;"  and  signed  "John  Chisel."  Following  this,  on  page  3,  is  a 
third  letter,  also  addressed  to  "Brother  Chip;"  but  signed  "Timothy  Wheel- 
wright."   It  is  undated.  L. 

 Ridentem  dicer e  verumj ^uid  vetat?  / 

Narrow  folio,  1  leaf,  being  one-half  of  an  ordinary  folio  leaf. 
Collation  :  Text,  i  page;  blank,  1  page.    Forty  lines  of  verse  beginning  : 
"  In  antient  Days  a  Bestial  Train 
In  Council  met  upon  the  Plain:" 

150 


BIBLIOGRAPHY 


printed  in  Roman  type,  the  heading,  as  above,  being  in  large  black-&ced  italics. 

L. 

Satirical  verses  directed  against  Francis  Harison,  apparently. 

[Two  rows  of  printer's  ornaments.] /Z)^J/OA^  and  ALEXIS,  j 
A/PASTORAL./ [One  row  of  printer's  ornaments].  Deus  nobis 
haec  Otia  fecit,    Virg.     [One  row  of  printer's  ornaments] . 

4to,  2  leaves. 

Collation:  No  separate  title-page.  Text,  pages  [i  j  4.  Above  heading 
is  at  the  top  of  page  [i].  L. 

A  Copy  of  a  Letter  from  James  Jackson/of  Goshen,  in  Orange 
County,  in  the/ Province  of  New  York,  to  his  Friend/in  Ireland./ 

Folio,  2  leaves. 

Collation:  Text,  pp.  1-4. 

The  only  copy  seen  has  the  following  endorsement  in  the  handwriting  of 
James  Alexander  :  "  1734-Aprile  13th.  James  Jackson  brought  me  this,  on 
reading  of  it  I  asked  him  who  wrote  it  for  him  for  it  was  very  well  wrote,  he  told 
me  he  had  wrote  the  Substance  of  it  himself,  but  it  was  Mr.  P.  had  corrected  it 
and  put  it  in  good  form  for  him.  I  asked  him  who  printed  it,  he  said  Zenger. 
I  asked  him  the  use  he  proposed  by  it,  he  said  their  Court  was  going  to  Sit,  and 
he  was  threatened  to  be  indicted,  and  he  thought  but  to  have  his  case  publick  for 
his  Justification.  I  asked  him  if  he  had  not  been  with  Mr.  Harrison  upon  this  Mat- 
ter, he  said  not  till  this  Morning  that  he  carried  him  a  Coppy  of  it. 

[Two  rows  of  printer's  ornaments.]  /  Heads  of  Articles  of  Com- 
plaint, made  by  Rip  Van f  Dam.,  Esq  ;  on  Thursday  the  30/^  of  May., 
1734,/to  the  Committee  of  Grievances,  appointed  by/the  General 
Assembly  for  the  Province  of  New-/ York ;  reduced  to  Writing  by 
order  of  the  said/ Committee  ;  who  also  ordered,  that  a  Copy  there-/ 
of  be  served  on  the  Chairman,  and  Mr  ]\i%x.\ce/ Phillipse./ 

Folio,  2  leaves. 

Collation:  No  separate  title-page.  Text,  pages  69-71;  page  [72]  blank. 
Heading,  as  above,  is  at  top  of  page  69.  Signed  at  end  *'  Rip  Van  Dam."  L. 

THE/New-York  Weekly  Journal. /Containing  the  freshest 
Advices,  Foreign,  and  Domestick./ 

[Colophon]  NEW-YORK  :  Printed  and  Sold  by  John  Peter 
Zenger:  By  whom  Subscriptions/for  this  Paper  are  taken  at  three 
Shillings  per  Quarter;  and  Advertisements  at  three/Shillings  the 
first  Week,  and  one  Shilling  every  Week  after  :  / 

151 


JOHN  PETER  ZENGER 


Fifty-one  numbers.  From  No.  lo,  dated  January  7,  1733,  to  No.  60,  dated 
December  30,  1734..  No  number  was  issued  for  Nov.  18.  Each  number  consists 
of  four  pages,  except  No.  21,  March  25,  which  has  six  pages,  and  No.  27,  May 
6,  which  has  two  pages  only. 

1735 

A/SERMON/Preach'd  before  the/Commission/OF  THE/ 
SYNOD,/AT/PHILADELPHIA./  April  20th,  1 735./  By  E. 
PEMBERTON,/Pastorof  the  Presbyterian  Church  in  the/City  of 
New-York./ NEW-YORK,/ Printed  by  John  Peter  Zenger,  1735./ 

8vo,  1 1  leaves. 

Collation:  Title,  p.  [i].  blank,  p.  [2];  *'To  the  Reverend  Commission 
of  the  Synod."  [etc.],  pages  3-4;  text,  pages  5-21.  B.  P.  L. 

THE/ESPOUSALS/OR/A  Passionate  Perswasive  to  a  Mar-/ 
riage  with  the  Lamb  of  God,/WHEREIN/The  Sinners  Misery/ 
AND  /  The  Redeemers  Glory/ is  Unvailed  in/ A  Sermon  upon 
Gen.  24  49.  Preach'd/at  A^.  Brunswyck,  June  the  22d,  I735./By  Gil- 
bert 7Vn«^•7^^,  A.M. /And  Minister  of  the  Gospel  there. /.^a;  CAr/i/KW 
ne'isct^  nil  est  si  cetera  discit/^i  Christum  discity  sat  est  si  cetera  nescit.f 
NEW-YORK,/Printed  by  J.  Peter  Zenger,  1735./ 

8vo,  34  leaves. 

Collation:  Title,  page  [i];  blank,  page  [2];  •'Courteous  Reader,"  page 
3;  text,  pages  4-66;  < 'Advertisement,"  page  67;  Errata,  page  [68].  H.S.P. 

THE/DangerofforgettingGOD,/describ'd./AND/The  Duty 
of  Considering  our  Ways/explain'd./IN  A/SERMON/ON  Psalm 
L.  22/Preach'd  at  New-Tork,  March  1735. /By  GILBERT  TEN- 
NENT  A.M. /and  Minister  of  the  Gospel  at  New-Brun- j swick  in 
A7>«;-Jm/y./NEW-YORK./Printed  by  John  Peter  Zenger^  1735-/. 
i2mo,  printed  in  foiu-s;  16  leaves,  the  last  blank. 

Collation:  Title,  page  [i];  "Courteous  Reader,"  page  [2];  text,  pages 
3—30.  H.  S.  P. 

This  piece  was  advertised  in  the  New  York  N^eekly  Journal,  No.  111,  dated 
December  22,  1735,  and  in  several  later  numbers,  as  follows  : 

'«  JUST  published,  and  to  be  sold  by  the  Printer  hereof,  a  Sermon  preached 
in  Neiv-Tork,  last  March,  by  the  Rev.  Mr.  Gilbert  Tennent  of  Neiu  Bruns- 
•wick." 

THE/CHARTER/OF  THE/  CITY/OF/NEW-YORK;/ 
Printed  by  Order  of  the  Mayor,  Recor-/der,  Aldermen  and  Com- 


152 


OF  T  BE 


CITY 

O  F 

NEW-YORK; 

Printed  by  Order  of  the  Mayor,  Recor- 
der, Aldermen  and  Commonalty  of 
the  City  aforefald. 

TO  WHICH  IS  ANNEXED, 

The  AS  of  the  Geiierai  AiTembly  Confirming  the 

Printed  by  fth»  Peter  Zengcf,  1735. 


BIBLIOGRAPHY 


monalty  of/the  City  aforesaid./TO  WHICH  IS  ANNEXED,/ 
The  Act  of  the  General  Assembly  Confirming  the/same  [One  row 
of  printer's  ornaments.] /NEW-YORK,/ Printed  by  John  Peter 
Itnger.  1735./ 

Folio,  26  leaves. 

Collation:  Title,  page  [i];  blank,  page  [j];  text,  pages  3-5*.  Pages  12 
and  13  are  wrongly  numbered  10  and  11.  L.,  N.  Y.  H.  S. 

Advertised  in  the  Nenu  York  Weekly  "Journal,  No.  98,  dated  September  23, 
1735,  as  follows  : 

"  New  York,  Sept.  19. — This  Day  was  published,  and  to  be  sold  by  the 
Printer  hereof,  THE/CHARTER/OF  THE/CITY  of  NEW-YORK/Con- 
taining  13  Sheets,  price  3s." 

Advertised,  also,  in  several  later  numbers. 

[Three  rows  of  printer's  ornaments.] /The  Complaint  of  James 
Alexander  ^LnAj  William  Smith  to  the  Committee  of/the  General  As- 
sembly of  the  Colony/of  New-York^  iffc./ 

Folio,  I  o  leaves. 

Collation:  No  separate  title-page.  Text,  pages  1-19;  page  [20]  blank. 
Heading,  as  above,  is  at  the  top  of  page  i.  The  affidavit  at  end  is  dated  De- 
cember 27,  1735.  L. 

THE/New-York  Weekly  Journal./Containing  the  freshest  Ad- 
vices, Foreign,  and  Domestick./ 

[Colophon]  NEW-YORK  :  Printed  and  Sold  by  John  Peter 
Zenger:  By  whom  Subscriptions/for  this  Paper  are  taken  at  three 
Shillings /)^r  Quarter;  and  Advertisements  at  three/Shillings  the 
first  Week,  and  one  Shilling  every  Week  after./ 

Fifty-two  numbers.  From  No.  61,  dated  January  6,  1734,  to  No.  iiz, 
dated  December  29,  1735.  E^ch  number  consists  of  four  pages,  except  No.  99, 
which  has  two  pages  only. 

1736 

THE/VANITY/OF/Human  Institutions/IN  THE/Wor- 
ship  of  God./A/SERMON/Preached  at  Newark,  June  2,  1736. 
To/ which  are  added,  some  little  Enlarge-/ments./By  Jonathan 
Dickinson,  M. A. /Minister  of  the  Gospel  at  Elizabeth/Town,  in 
New-Jersey./ [^«5/fl/z5«  from  Gal.  iv.  9] /New- York,  Printed  by 
John  Peter  Zenger,  1736./ 

1 2mo 

Collation:  Title,  ipagej  blank,  1  page;  "To  the  Presbyterian/Congregation 
at  Newark  in  New-Jersey,"  pages  i-vi;  text,  pages  1-32;  "Errata,"  ten  lines,  a  slip./ 


153 


JOHN  PETER  ZENGER 


Not  seen.  Title  furnished  by  Mr.  Wilberforce  Eames,  from  a  copy  formerly 
owned  by  Mrs.  Daniel  Van  Pelt  of  Astoria,  Long  Island. 

[One  row  of  printer's  ornaments.] /AT^Tf-Tsri,  March  24,  1735, 
6./WHEREAS  on  the  XT^th  day  of  this  Instant  March,/ James  Alex- 
ander, Esq;  one  of  his  Majesty's  Council/ [etc.] . 

Folio,  I  leaf. 

Collation:  Text,  i  page;  blank,  i  page.  Printed  in  large  type  and  in  long 
Lnes,  beginning  as  above.    Signed  at  end  <'James  Alexander."  L. 

SIR ;  New-M,  April  2bth,  1736./  WHEREAS  on  the  10th 
Day  of  March  last,  immediately  u-/pon  the  Death  of  His  Excel- 
lency William  Cosby,  Esq;  [etc]. 

Folio,  I  leaf. 

Collation:  Text,  i  page;  blank,  1  page.  Printed  in  long  lines,  beginning 
as  above.  Signed  at  end  "Your  humble  Servant."  The  Lenox  copy  is  signed 
in  ink  below  <'Rip  Van  Dam."  L. 

[Three  rows  of  printer's  ornaments.] /To  All  to  whom  these 
Presents  shall/come  or  mzy  any  Wzy  concern;/ RIP  FAN  DAM 
sendeth  greeting./ 

Folio,  3  leaves. 

Collation:  No  separate  title-page.  Text,  pages  69-73;  page  [74]  blank. 
Heading  as  above  is  at  top  of  page  69.  Signed  at  end  "Rip  Van  Dam."  L. 

Advertised  in  the  Neav  York  Weekly  Journal,  No.  125,  dated  March  29, 
1 736,  as  follows  : 

By  Order  of  Rip  Van  Dam  Esq,  LAST  Week  was  published  His  the  said 
Van  Dam's  Protestation,  Shewing  the  Steps  he  has  taken  in  offering  his  Claim  of 
Right  to  the  Administration  of  tlus  Government  on  the  decease  of  Govemour 
Cosby.    To  be  sold  by  John  Peter  Zenger.    Price  6d. 

A  letter/To  one  of  the  Members  of  the  late  General/ As- 
sembly,/ 

[Colophon  :]  Printed  by  John  Peter  Zenger,  1736./ 
Folio,  I  leaf. 

Collation :  No  separate  title-page.  Text,  2  pages.  The  above  heading  is  at 
the  top  of  page  [i],  extending  across  the  page.  Text  in  double  columns,  signed 
at  end  "  I  am/Sir,  Your  very  humble  Servant,/  ./"  L 

[Two  rows  of  printer's  ornaments.]  Copy  of  a  Letter  from  Rip 
Van  Dam /Esq;  to  the  several  Members  of  that/ General  Assembly  of 
New-York,  that/stood  adjourned  to  the  last  Tuesday /oi  March,  1 736. 

Folio,  2  leaves. 


BIBLIOGRAPHY 


Collation  :  No  separate  title-page.  Text,  pages  1—4.  Page  2  is  wrongly 
numbered  1 1  and  page  4  is  wrongly  numbered  13.  L. 

Advertised  in  the  Neuu  York  IVeekly  Journal,  No.  130,  dated  May,3,  1736, 
as  follows : 

"  LAst  week  was  published,  by  Order  of  Rip  Van  Dam,  Esq,  a  Coppy  of  his 
Letter,  to  the  Se  veral  Members  of  the  General  Assembly  that  stood  adjourned  to  the 
Last  Tuesday  of  March  IJ26.  sent  with  a  Copy  of  his  Protestation. 

Last  Week  was  also  published,  by  Order  of  the  said  Members,  The  Decla- 
ration of  a  Majority  of  the  Members  oj  the  said  General  Assembly  met  at  the  City 
Hall  q/'New-York,  on  the  29th  of  April,  1736,  nxjitk  their  Reasons,  luhy  they 
thought  it  not  safe  to  act,  upon  the  Foot  of  a  late  Adjournment  by  George  Clarke, 
Esq;  &c. 

Both  the  said  Papers  are  printed  together,  and  to  be  sold  by  the  Printer 
hereof,  price  4(/." 


[Two  rows  of  printer's  ornaments.] /His  Majesty's  Royal/ 
COMMISSION /TO /  WILLIAM  COSBY;  Esq,/For  the  Govern- 
ment of  the  Province  of/NEW-YORK./ [One  row  of  printer's  or- 
naments.] 

[Colophon:]  Printed  by  John  Peter  Zenger^  Printer  to  the  King's 
Most  Excellent  Majesty,/for  the  Province  of  New-Tork. 
M,DCC,XXXVI./ 

Folio,  4  leaves. 

Collation:  No  separate  title-page.  Text,  pages  1-8.  Heading  as  above, 
filling  the  upper  half  of  page  i.  Above  the  colophon,  printed  in  large  type  is 
found  the  legend: 

"By  Order  of  the  Honourable  Rip  Van  Dam,  Esq;/Eldest  Councillor,  and 
Commander  in  Chief  of/the  Province  of  New-York./  L. 

(1)  [Three  rows  of  printer's  ornaments.]  A  brief  Narrative  of  the 
Case  and  Try-/al  of  John  Peter  Zenger^  Printer  of  the / New-Tork 
weekly  Journal./  [One  row  of  ornaments.]  As  There  was  but  one 
Printer  m  the  Province  of  New-Tork,  [etc.]. 

[Colophon:]  New-Tork,  Printed  and  sold  by  John  Peter  Zenger. 
MDCCXXXVI./ 

Folio,  20  leaves. 

Collation:  No  separate  title-page.  Text,  pages  i- [40],  pages  15  to  40 
being  wrongly  numbered  17  to  42.  With  2  lines  of  errata  at  end,  above  colo- 
phon. L. 

Advertised  in  the  Neiu  York  Weekly  Journal,  No.  98,  dated  September  23, 
1735,  as  follows  : 

"There  is  now  in  the  Press,  and  will  be  publish-/ed  with  all  imaginable 
Speed,  A  brief  Naratiue  of /the  Case  and  Tryal  of  John  Peter  Zenger,  Printer 
of /the  New-York  weekly  Journal. — Containing  a/brief  Account  of  the  Proceed- 


JOHN  PETER  ZENGER 


ings  against  him,  and/of  his  Tryal,  for  Printing  his  Journals  No.  13  &/23,  both 
before  and  during  his  9  Months  Impri-/sonment  on  that  Pretence./" 

Also  advertised  in  the  Journal,  No.  137,  dated  June  21,  1736,  and  in 
other  numbers,  as  follows  : 

Just  published,/ 

A  brief  Narrative  of  the  Case  and  Try-/al  of  John  Peter  Zenger,  Printer  of  the/ 
Neiv-York  ^weekly  Journal./  To  be  sold  by  the  Printer  hereof./  April  12, 
1736./" 

C/Vyo/New-York,  Sept.  28, 1736./A  WORD  IN  SEASON./ 

Fellow  Citizens./ 

[Colophon  :]  Printed  by  J.  Peter  'Zenger./ 

Folio,  I  leaf 

Collation:  Text,  2  pages.  N.Y.S.L.jB.M. 

OBSERVATIONS/On  the  REASONS  given  by  Mr.  Ha-/ 
mtlton's  Advisers,  for  his  Detaining  the/Seals  of  the  Province  of 
New-Jersie.,  after/ the  Demand  made  of  them  by  Lewis j  Morris., 
Esq;  President  of  the  Council/and  Commander  in  Chief  of  the  Pro-/ 
vince  of  New-Jersie. /In  a  LETTER  to  a  FRIEND./ 

Folio,  6  leaves. 

Collation:  No  separate  title-page.    Text,  pages  i-ii;  blank,  page  [12]. 

N.J.S.L. 

WAARSCHOUWING/Tegens  Zeker  Boekje,  genaamt/ 
VADERLIK  GESCHENK,  &C./DOOR/JACOBTENCATE/ 
Waar  in  de  Dweperyen  en  Vrygeestery  van  Ten  /  Cate  en  de 
befaamde  Antoinette  de  Bourignon  Dui-/delyk  ontdekt  worden, 
ten  dienste  der  klein-/weetende  misleide  Zielen,  en  Bestieringe  der/ 
Regtzinnigen./Opgesteltt  door/De  Predikanten  van  Groningen./ 
[Printer's  Ornament]  / voor  been  te  Groningen  by  Jurijen  Spandaw, 
nu  gedrukt./TE  NEW-YORK  door  J.  Peter  Zenger. 

MDCCXXXVI./ 

4to,  17  leaves. 

Collation.  Title,  i  page;  "Uitgegeven  volgens  Kerten  ordere,"  i  page; 
text,  pages  1-28;  "Herders  Kouwt  Tusschen  Vaarmond  en  Veederyk,"  pages 
24-32.    Title  furnished  by  Mr.  Wilberforce  Fames. 

THE/New-York  Weekly  Journal./Containing  the  freshest  Ad- 
vices, Foreign,  and  Domestick. 

[Colophon  :]  NEW-YORK  :  Printed  and  Sold  by  John  Peter 

156 


BIBLIOGRAPHY 


Zenger :  By  whom  Subscriptions/for  this  Paper  are  taken  at  three 
Shillings />^r  Quarter ;  and  Advertisements  at  three/Shillings  the 
first  Week,  and  one  Shilling  every  Week  after:/ 

Fifty-two  numbers.  From  No.  113,  dated  January  5,  1735,  to  No.  164, 
dated  December  27,  1736.    Each  number  consists  of  four  pages. 


1737 

[Two  rows  of  printer's  ornaments.]  A  Journal  of  the  Votes  and 
Proceed-/ings  of  the  General  Assembly  of  His/Majesty's  Colony 
of  New-Tork.,  ml  America,  j 

Folio,  54  leaves. 

Collation:  No  separate  title-page.  Text,  pages  1-107.  Page  57  is  omitted 
in  the  pagination  and  page  106  is  repeated.  Pages  57  to  105  are  therefore  wrongly 
numbered  58  to  106.  Made  up  of  24  numbers,  each  a  separate  publication,  as 
follows: 

[No.  1].    Pages  1-5  (page  6  blank). 

No.  2  '<  7-8 

No.  3  "  9—12 

No.  4  *'  13—22 

No.  5  "    *3-*S  (p^ge  [26]  blank). 

No  6  "    27-29     "    [30]  " 

No.  7  "    31-33     "    [34]  " 

No.  8  "    35-39     "    [40]  " 

No.  9  "    41-43     "    [44]  " 

No.  10  "    45-47     "    [48]  " 

No.  II  "  49-52 

No   12  "    53-55    "    [56]  " 

No.  13       Pages  58-59  (page  57  omitted  in  the  pagination.) 

No.  14  "    60—62  (page  63  blank). 

No.  IS  "    64-68    "    69  " 

No.  16  "  70-71 

No   17  (wrongly  numbered  16)  Pages  72-77. 

No.  18  Pages  78-81 

No  19    «'  82-85 

No.  20    '*  86-89 

No.  2  1    "     90-92  (page  93  blank). 

No.  22    "  94—97 

No.  23    '*  98—101 

No.  24    "     102-107  (with  page  106  repeated). 
Each  number  contains,  at  end,  the  following  notice: 

•'By  Virtue  of  an  Order  of  the  General  Assembly  I  do  appoint  John  Peter 
Zenger  to  print  these  Votes,  and  that  no  other  Person  do  presume  to  Print  the 
same,"  Signed  "Lewis  Morris,  junr..  Speaker." 

The  date  of  the  first  meeting  reported  in  No.  i,  is  June  15,  1737,  and  of  the 
last,  reported  in  No.  24,  Dec.  16,1737.  L.,  N.Y.H.S. 


157 


JOHN  PETER  ZENGER 


There  is  also  in  the  Lenox  volume  an  earlier  issue  of  No.  2,  a  single  leaf 
only,  page  6  (verso  blank),  printed  from  the  same  types  as  the  first  page  (7)  of 
the  later  No.  2. 

[One  row  of  printer's  ornaments.]  The  SPEECH  of  the  Hon- 
ourable/G^crg'^  Clark^  Esq;  Lieut.  Governor  and/Commander  in 
Chief  of  the  Province/of  New-Tor Sec./ 

[Colophon:]  By  Virtue  of  an  Order  of  the  General  Assembly  I  do 
appoint  John  Peter  Zenger / to  print  these  Votes. /Lewis  Morris, ya«r. 
Speaker./ 

Folio,  1  leaf. 

Collation  :  Text,  z  pages.  The  Address  of  the  General  Assembly  on  page 
[1]  is  signed  "Lewis  Morris,  Jun.,  Speaker'  and  is  dated  "Die  Jovis,  16  Junii, 
1737."    The  Speech  is  signed  at  end  "  George  Clark."  L. 

[Two  rows  of  printer's  ornaments.]  The  SPEECH  of  the 
Honourable/ Gfijr^^  Clarke^  Esq;  Lieut.  Governor/and  Commander 
in  Chief  of  the  Pro-/vince  of  New  Tork^  &c./ 

[Colophon  :]  By  Virtue  of  an  Order  of  the  General  Assembly  I 
do  appoint  John  Peter  Zenger/ /<?  print  this  Speech ^  and  that  no  other 
Person  do  presume  to  print  the  same. /Lewis  Morris, y««r.  Speaker./ 

Folio,  I  leaf. 

Collation  :  Text,  pages  (i)  and  2.  Heading  as  above,  text  in  long  lines 
signed  at  end  "Geo.  Clarke."  and  dated  "September  2,  1737."  L. 

[One  row  of  printer's  ornaments.]  To  the  Honourable 
GEORGE  CLARKE,/Esq;  Lieut.  Governour  and  Commander 
in/Chief  of  the  Province  of  New-lork,  he. /The  Humble  Address  of 
the  General  Assembly  of  the  Colony  of /New-York^/ 

[Colophon  :]  By  Virtue  of  an  Order  of  the  General  Assembly  I 
do  appoint  John  Peter  Zenger  jto  print  this  Address.,  and  that  no  other 
Person  do  presume  to  print  the  same. /Lewis  Morris,  /««r.  Speaker./ 

Folio,  3  leaves. 

Collation:  No  separate  title-page.  Text,  pages  1-6.  In  long  lines  he- 
grinning  "  May  it  please  Your  Honour,"  L. 

A/DEFENCE/OF  A/SERMON/Preached  at  Newark,  June 
2  i736./entituled,  the  Vanity  of  human  Instituti-/ons  in  the  Wor- 
ship of  God,  against  the/Exceptions  of  Mr.  John  Beach,  in  a/Let- 
ter to  him./By  JONATHAN  DICKINSON,  M.A./Minister  of 


158 


BIBLIOGRAPHY 


the  Gospel,  at  Elizabeth-/Town  in  New-Jersey. /i  Joh.  ii.19.  They 
went  from  us  ;  but /they  were  not  of  us :  For  if  they  had  been  of/ 
us  they  would  no  Doubt  have  continued  with  us. /Jam.  1.6.  He  that 
wavereth  is  like  a  Wave/of  the  Sea  driven  with  the  Wind  and 
tossed./New-York,  Printed  by  J.  Peter  Zenger./ 
i2mo,  printed  in  fours;  52  leaves. 

Collation:  Title,  page  [i];  blank,  page  [2];  text,  pages  3-104. 

C.  H.  S. 


THE/New-York  Weekly  Journal. /Containing the  freshest  Ad- 
vices, Foreign,  and  Domestick./ 

[Colophon  :]  NEW-YORK  :  Printed  and  Sold  by  John  Peter 
Zenger  :  By  whom  Subscriptions/ for  this  Paper  are  taken  at  three 
Shillings  per  Quarter;  and  Advertisements  at  three/Shillings  the 
first  Week,  and  one  Shilling  every  Week  after./ 

Fifty-two  numbers.  From  No.  165,  dated  January  10,  1736,  to  No.  ai6, 
dated  December  26,  1737.    Each  number  consists  of  four  pages. 


1738 

(i)/  [Two  rows  of  printer's  ornaments.]  A  Journal  of  the  Votes 
and  Proceed-/ings  of  the  General  Assembly  of  His  Majesty's  Col- 
ony of  New-York^ I'm  America,  j 

Folio,  18  leaves. 

Collation:  No  separate  title-page.  Text,  pages  i— [36].  Page  23  repeated 
and  pages  24  to  36  are  wrongly  numbered  23  to  35.  Made  up  of  seven  num- 
bers, each  a  separate  publication,  as  follows: 

No.  1   Pages  1-4 

No.  *      "  5-8 

No.  3      "  9-12 

No.  4      "      13-15  (p^g*  16  blank). 

No.  5      "  17-18 

No.  6      "      '9-*S  (p^gc  *3  being  repeated  in  the  pagination). 
No.  7  *6-35 

Each  number  contains,  generally  at  the  end,  the  same  notice  or  license  as  the 
Votes  of  1737. 

The  date  of  the  earliest  session  reported  is  April  4,  1738;  and  the  latest  is 
Sept.  20,  1738.  N.  Y.  H.  S. 


KETEN/Der/Geddelyke  Waarheden,/DIE/Men  geloven  en 
betrachten  moet/OM/Salig  te  worden,/In  haar  natuurlyk  verband 

159 


JOHN  PETER  ZENGER 


kortlyk/samegaschakelt;  DOOR/ GERARD.  HAEGHOORT,/ 
predikant  te  Second-River. /Door  order  van  den  Kerkenraed  inge- 
woert  in/de  Gemmeente  van  Second-River./Te  Nieuw-York,/ 
GedruktbyJ.  Peter  Zenger,  1738./ 

lamo,  printed  in  fours;  22  leaves. 

Collation:  Title,  i  page;  blank,  1  page;  "Vooreeden"  pages  i-iv;  "Op  de 
Keten  der  Goddelyke  Waarheden,"  page  [5] ;  blank,  page  [vi] ;  text,  pages 
1-36.  N.  J.  H.  S. 

Anno  Regni/GEORGII/SECUNDI/REGIS/il/^^n/p  Britan- 
nia^FranciiP  ^Hihernta, /UNDECIMO /  [Acts  and  Laws  Passed]  / 
At  a  General  Assembly  begun  and  holden/at  New-Tork^  the  Fif- 
teenth Day  of  'June,  j  Anno  Domini^  '^I'il'  I"  the  Eleventh  j  Tear 
of  the  Reign  of  our  Sovereign  Lord/GEORGE  the  second^  by  the 
Grace  of/ God,  of  Great  Britain^  France  and  Ire-jland^  KING, 
Defender  of  the  Faith,  &c.  [Two  rows  of  printer's  ornaments]  / 
NEW-YORK,/Printed  by  John  Peter  Zenger^  MDCCXXXVIII./ 

Folio,  5*  leavet. 

Collation :  Title,  i  page;  blank,  i  page;  text,  pages  i-ioo;  Table,  i  page; 
blank,  i  page.    Page  a8  is  wrongly  numbered  8a.  N.  Y.  H.  S. 

[Three  rows  of  printer's  ornaments.]  /The  VOTES  and  Pro- 
ceedings of  the/ General  Assembly  of  the  Province/of  New-Jersey^ 
which  began  the  ij/Z^/of  October^  ^73^-/ 

Folio,  37  leaves. 

Collation:  No  separate  title-page.  Text,  pages  1-70,  with  the  "Treasurer's 
Report,"  4  pages,  inserted  between  pages  63  and  64.  Pages  33,  36,  3-,  40, 
60,  61,  62,  63  and  64  are  wrongly  numbered  32,  33,  36,  39,  55,  54,  58,  56 
and  46.    Made  up  of  four  numbers,  each  a  separate  publication,  as  follows  : 

No.  [i]  Pages  1— 10 
No.  2  "  11-16 
No.  3  17-56 
No.  4       "  57-70 

The  "Treasurer's  Report"  four  pages,  unnumbered,  is  inserted  between 
pages  63  and  64,  in  No.  4.  Nos.  [i],  2,  and  3  have  at  end  : 

"By  Virtue  of  an  Order  of  the  House,  I  do  appoint  John  Peter  Zenger  to 
print /these  Votes.   Joseph  Bonnel,  Speaker. L. 

The  SPEECH  of  His  Excellency  LEWIS  MORRIS,  Esq  ;/ 
Captain  General  and  Governour  in  Chief  in  and  over  His  Ma-/ 

160 


BIBLIOGRAPHY 


jesty's  Province  of  Novo  Casarea^  or  Nnu-'Jersey  and  the  Terri-/ 
tories  thereon  depending  in  America^  and  Vice  Admiral  in  the/same, 
&c./ 

[Colophon:]   Printed  by  'John  Peter  Zenger^  ^JS^- 
Folio,  2  leaves. 

Collation:  No  separate  title-page.    Text,  pp.  [1-4].  N.  J.  S.  L. 

THE/New-York  Weekly  Journal./Containing  the  freshest 
Advices,  Foreign  and  Domestick. 

[Colophon  :]  New  York,  Printed  by  John  Peter  Zenger^  where 
Advertisements  are  taken  in./ 

Fifty-two  numbers  were  probably  printed.  Of  No.  217,  which  should 
have  been  dated  January  2,  no  copy  has  been  traced.  The  last  number  of  the 
year  was  No.  263,  dated  December  25,  1738.  Each  number,  so  far  as  seen 
consists  of  four  pages,  except  No.  259,  dated  November  27,  1738,  which  has 
six  pages.    There  are  numerous  errors  in  numbers  and  dates. 

1739 

INTERCESSION  Every  Christian's  Duty.  A  Sermon 
preach'd  by  the  Rev.  George  W^hitefield,  A.B.  of  Pembrock  Col- 
lege, Oxford.  New-York,  Reprinted  by  John  Peter  Zjcnger^  and 
sold  by  Jacob  Goelet.  1739. 

Not  seen.  Advertised  in  the  Neuj  Tori  Weekly  Journal,  No.  317,  dated 
January  7,  1739  [1740]- 

The  Danger  of  Schisms  and  Contentions,  with  respect  to  the 
Ministry  and  Ordinance  of  the  Gospel,  represented  in  a  Sermon. 
[By  Jonathan  Dickinson.]  New  York,  1739. 

i2mo. 

Not  seen.  Title  taken  from  Sabin,  Vol.  V,  page  412,  No.  20062.  Probably 
printed  by  Zenger. 

A  SHORT/DIRECTION/FOR  AN/Unregenerate  Sin- 
ner,/Shewing  how  he  may  come  to/ CHRIST. /Written  in  Dutch 
by  a  Lover  of  the/Truth,  and  Translated  into  English  jhy  a  Well- 
Wisher  to  all  Men./NEW-YORK,/Reprinted  by  John  Peter  Zen- 
ger, 1739./ 

8vo,  I  2  leaves. 

Collation:  Title,  page  [i]  ;  blank,  page  [2]  ;  text,  pages  3-24.  H.  S.  Pi 

161 


JOHN  PETER  ZENGER 


TO  His  Excellency  LEWIS  MORRIS,/Esq  ;  Captain,  Gen- 
eral and  Gover-/nour  in  Chief,  in  and  over  his  Ma-/jesty's  Pro- 
vince of  Nova-Casarea  or  I  New-Jersey^  and  Territories  thereon /de- 
pending in  America^  and  Vice  Admiral  in  the  same,  Sfff./The  hum- 
ble Address  of  His  Majesty's  Council  of  the  Province/aforesaid./ 

[Colophon  :]  Printed  by  John  Peter  Zenger^  Jan,  4.  1 738-9,/ 
Folio,  2  leaves. 

Collation:  No  separate  title-page;  text,  4  pages.  N.  J.  S.  L. 

TO  His  Excellency  LEWIS  MORRIS,  Esq ;  Captain,  Gen- 
eral and  Gover-/nour  in  Chief,  in  and  over  His  Ma-/jesty's  Pro- 
vince of  Nova  Casarea  or  j New-Jersey^  and  Territories  thereon/de- 
pending in  America^  and  Vice  Ad-/miral  in  the  same,  fifc/THE 
humble  Address  of  the  Representatives  of  the  Province  o?/ Nova 
Casarea^  or  New-Jersey^  met  in  General  Assembly./ 

[Colophon  :]  By  Virtue  of  an  Order  of  the  House^  I  do  appoint 
John  Peter  Zenger  to  print /this  Address  Joseph  Bonnel,  Spr./ 

Folio,  2  leaves. 

Collation:  No  separate  title-page;  text,  3  pages;  blank,  1  page. 

N.  J.  S.  L. 

THE/New-York  Weekly  Journal. /Containing  the  freshest 
Advices,  Foreign,  and  Domestick. 

[Colophon  :]  New  York,  Priiited  by  John  Peter  Zenger^  where 
Advertisements  are  taken  in./ 

Fifty-two  numbers.  From  No.  264,  dated  January  i,  1738,  to  No.  315, 
dated  December  24,  1739.    Each  number  probably  consists  of  four  pages. 

1740 

THE/QUERISTS,/The  Rev.  Mr.  fVhiteJieU's/ ANSWER,/ 
The  Rev.  Mr  G ar den' s / LETTERS,  iff c./ [Printer's  ornament.]/ 
NEPV  YORK,  Printed  by  J.  P.  Zenger,  1740./ 

[Second  title  page  :]  THE  /  QUERISTS,  /  OR  /  An  EX- 
TRACT of  sundry  Passages/ taken  out  of  Mr  Whitefield's  prin-/ 
ted  Sermons,  Journals  and  Let-/ters  :/TOGETH£R  WITH/ 
Some  SCRUPLES  propos'd  in  proper/.^C/£i2/£5' raised  on  each 
Remark./fiy  some  Church-Members  of  the  Presbyterian  Persuasion,  j  2 


162 


BIBLIOGRAPHY 


Tim  i.  13.  Hold  fast  the  Form  of  sound  words. — /Turpe  est  doc- 
tori  cum  culpa  redarguit  ipsum.  /  NEW-YORK,  /  Printed  in  the 
Year  M,DCC,XL./ 

lamo,  printed  in  fours;  80  leaves. 

Collation:  First  title  as  above,  page  [i] ;  blank,  page  [ii];  second  title  as  above, 
page  [iii]  ;  "  To  the  Readers,"  pages  iv-12;  '<  The  Address  of  several  Persons 
of  the  Presbyterian  Persuasion,"  pages  13-58  ;  '*  A  Letter  from  the  Rev.  Mr. 
Whitefield,"  pages  59-71;  "  Six  Letters  to  the  Reverend  Mr.  G.  Whitefield," 
pages  72-151;  "A  Short  Trip  to  Rome,"  pages  152-160.  C.  E.  N. 

VOORBIDDING  een  ieder  Christen's  Plicht,  vertoont  in  een 
PREDICATIE  door  GEORGE  WHITEFIELD,  A.B.  &c. 
Gedrukt  en  te  koop  by  J.  Peter  Zenger,  en  Jacobus  Goelet. 

Not  seen.  Advertised  in  the  Neiu  York  Weekly  'Journal,  No.  325,  dated 
March  3,  1739. 

Een  Geestelyk  Lied,  Bequaam  on  Gesongen  te  werden  in  alle 
Godvruchtige  Vergaderingen,  ofte  Particuleere  't  Samenkomsten. 

Not  seen.  Advertised  in  the  Nenu'Tork  Weekly  Journal,  No.  366,  dated  De- 
cember 8,  1740. 

A/Short  History /OF  A/Long  Journey, /IT  being  some  Ac- 
count of  the  Life/of  lOSIAH  QUINBY,  un-/till  he  came  to  en- 
ter into  the/48/A  Year  of  his  Age,  with  Re-/marks  and  Reflections 
upon  his/own  past  Actions./  [Printer's  ornament]  /  NEW- 
TORK  Printed  by  John  Peter  Zenger  1740./ 

i2mo,  printed  in  fours;  32  leaves,  the  last  blank. 

Collation:  Title,  page  [i];  blank,  p.  [2];  "To  the  Reader,"  pages  3—10; 
text,  pages  11-61;  blank,  page  62.  Signed  at  bottom  of  page  10,  "  Josiah 
Quinby,"  and  at  end,  "  Your  Friend  and  Well  Wisher,  Josiah  Quinby."  L. 

EEN  KORTE/  HANDLEIDING  /  VOOR  EEN  /  ON- 
WEDERGEBOREN/SONDAAR,  /  OM  TOT  /CHRISTUS/ 
TE  KOOMEN/Opgestelt  door  een  Liefhebber  der  Waarheid./ 
[Printer's  ornament.] /NIEUW-YORK,  Gedrukt  by  J.  Peter 
Zenger^  ^740. 

i2mo,  printed  in  fours;  12  leaves. 

Collation:  Title,  page  [i] ;  blank,  pages  [2] ;  text,  pages  3-23;  blank,  page 
[24].  H.  S.  P. 


163 


JOHN  PETER  ZENGER 

THE/New-York  Weekly  Journal./Containing  the  freshest 
Advices,  Foreign,  and  Domestick./ 

[Colophon  :]  New  York,  Printed  by  'John  Peter  Zenger^  where 
Advertisements  are  taken  in./ 

53  numbers.  From  No.  316,  dated  January  1,  1739,  to  No.  369,  dated 
December  29,  1740.    Each  number  probably  consists  of  four  pages. 

174I 

Nederduitsche  Almanacke  Voor  1742. 

Not  seen.  Advertised  in  the  Neiu  York  Weekly  "Journal,  No.  415,  dated 
November  9,  1741.    It  is  very  doubtful  that  this  was  printed  by  Zenger. 

Copy  of  a  Letter  from  Capt.  Peter  Lawrence,  to  Andrew  Arch- 
dickne.  Esq;  dated  off  Carthagena,  March  20,  1741. 

Not  seen.  Advertised  in  the  Neiu  York  Weekly  Journal.^  No.  389,  dated 
May  18,  1 741.    Doubtfully  ascribed  to  Zenger's  press. 

A  Spiritual  Journey  Temporaliz'd  or  an  Alegorical  Description 
of  the  Work  of  Grace  in  Man. 

Not  seen.  Advertised  in  the  Ne'vj  York  Weekly  Journal,  No.  420,  dated 
December  14,  1741,  as  follows  : 

*«  Just  PubHsh'd  and  to  be  Sold  by  the  Printer  hereof,  A  Spiritual  Journey 
Temporaliz'd,  or  an  Alegorical  Discription  of  the  Work  of  Grace  in  Man. 

A  Verse  may  find  him  who  a  Sermon  flies. 
And  turn  delight  into  a  Sacrifice. 

Herbert." 

THE/New-York  Weekly  Journal./Containing  the  freshest 
Advices,  Foreign,  and  Domestick./ 

[Colophon  :]  New  York,  Printed  by  John  Peter  Zenger^  where 
Advertisements  are  taken  in./ 

52  numbers.  From  No.  370,  dated  January  5,  1740,  to  No.  422,  dated 
December  28,  1741.    Each  number  probably  consists  of  four  pages 

1742 

Sermons  by  Alexander  Garden. 

I  jmo. 

The  only  copy  traced  is  imperfect,  lacking  the  first  leaf  and  one  or  more 
leaves  at  end.  The  collation  of  this  copy  is  :  Text  (apparently  of  the  Sermon 
"  Take  Heed  How  Ye  Hear"),  pages  3-32;  title ;  *'  Regeneration  and/A^  Tes- 


164 


BIBLIOGRAPHY 


iimony  of  the  SPIRIT. /Being  the  Substance  of/Two  SERMONS/Lately  preached 
in  the  Parish  Church  of  St.  Pbi-/lip,  Ckarles-Town,  in  SOUTH  CAROLINA./ 
Occasioned  by  some  erroneous  Notions  of  certain  Men  uuho  call /  tbemsel'ves  Method- 
ists./ By  ALEXANDER  GARDEN,  M.  A.  Rector  of  the/said  Parish./ 
[Printer's  ornament].  NEW-YORK./  Printed  hy  John  Peter  Zenger,  1742." 
page  [i];  blank,  page  [2];  text,  pages  1-72,  ending  imperfectly  with  the  catch- 
word "  God."  L.C.P. 

This  book  was  advertised  in  the  Neiv  York  Weekly  Journal,  No.  451,  dated 
July  19,  1742,  as  follows  : 

"To  be  published  this  Week. 

TAKE  HEED  HOW  YE  HEAR,  A  SERMON  on  Luke  viii.  18. 
And,  Regeneration,  and  the  Testimony  of  the  Spirit.  Both  by  ALEXANDER 
GARDEN,  M.A.,  Rector  of      Philips,  Charles  Town,  S.  Carolina. 

It  was  advertised  also  in  the  next  number,  No.  452,  dated  July  26,  1742, 
as  follows : 

.'TAKE  HEED  HOW  YE  HEAR,  A  SERMON  on  Luke  viii.  18. 
And  Regeneration,  and  the  Testimony  of  the  Spirit.  With  a  Preface,  containing 
some  Remarks  on  Mr.  White f  eld' s  Journal.  By  Alexander  Garden,  M.A., 
Rector  of  St.  Philips,  Charles  Town,  S.  Carolina.  Printed  By  John  Peter  Zen- 
ger, 1742." 

S*S  Een  leersaam  ondersoek  der  Waarheid  meest  in  betrekkinge 
to  de  selfs  Verlocheninge,  voorgestelt  in  een  'Tsaamenspraak  tus- 
schen  Leerlievende  en  Waarheidlievende  :  Gedruckt  by  J:  Peter 
Zenger,  en  te  koop  by  Jacob  Goelet  na  by  de  Oude  Slip  in  New 
York. 

Not  seen.  Advertised  in  the  Neuj  York  Weekly  Journal,  No.  452,  dated 
July  26,  1742. 

THE/New-York  Weekly  Journal. /Containing  the  freshest 
Advices,  Foreign,  and  Domestick./ 

[Colophon  :]  New  York,  Printed  by  'John  Peter  Zenger.,  where 
Advertisements  are  taken  in./ 

52  numbers.  From  No.  452,  dated  January  4,  1741,  to  No.  475,  dated 
December  27,  1742.  Each  number  consists  of  four  pages.  There  are  several 
errors  in  numbering. 

1743 

Nederduitsche  Almanack  voor,  1743. 

Not  seen.    Title  taken  from  Mr.  Hildeburn's  notes.    Advertised,  also,  in 
the  Neiu  York  Weekly  Journal,  No.  470,  dated  November  22,  1742,  as  follows  : 
"Just  published  and  Sold  by  the  Printer  hereof. 
Dutch  &  English  >  ^ 

ALMANACKS  |  ^743-44- 

It  seems  very  doubtful,  however,  that  these  were  printed  by  Zenger 


165 


JOHN  PETER  ZENGER 


THE/New-York  Weekly  Journal./Containing  the  freshest 
Advices,  Foreign,  and  Domestick./ 

[Colophon :]  New  York,  Printed  by  'John  Peter  Zenger^  where 
Advertisements  are  taken  in./ 

52  numbers.  From  No.  476,  dated  January  3,  1742,  to  No.  527,  dated 
December  26,  1743.    Each  number  consists  of  four  pages. 

1744 

THE/New-York  Weekly  Journal./Containing  the  freshest  Ad- 
vices, Foreign,  and  Domestick./ 

[Colophon  :]  New  York,  Printed  by  John  Peter  Zenger^  where 
Advertisements  are  taken  in./ 

Probably  53  numbers.  From  No.  528,  dated  January  2,  1743,  to  No.  581, 
dated  December  31,  1 744.    Each  number  probably  consists  of  four  pages. 

1745 

Advertisement,/ P^r/A--(fOT%,  September  17,  1745. /WHEREAS 
sundry  of  the  Purchasors  zt ] Romopock^  have  neglected  to  come  to 
the  Trustees/of  the  Council  of  Proprietors  at  Perth- Amhoy  [etc.]. 

4to,  I  leaf. 

Collation;  Text,  1  page;  blank,  1  page.  Signed  at  end,  "Laur.  Smyth, 
Clerk."  N.  Y.  H.  S. 

Addressed  to  the  delinquent  purchasers  of  Romopock  lands.  Appears  also 
in  No.  628  of  the  Neiu  York  Weekly  Journal  dated  September  30,  1745. 

THE/New-York  Weekly  Journal./ Containing  the  freshest  Ad- 
vices, Foreign,  and  Domestick. 

[Colophon  :]  New  York,  Printed  by  John  Peter  Zenger^  where 
Advertisements  are  taken  in./ 

Probably  52  numbers.  The  first  issue  seems  to  have  been  No.  582  for 
January  7,  and  the  last  No.  630  for  December  30.  Either  there  were  errors 
made  in  numbering  or  three  issues  were  omitted  between  No.  620,  dated  Sep- 
tember 30  and  No.  628,  dated  December  26. 


CATHARINE  ZENGER  AND  JOHN  ZENGER,  JR. 

1746 

A/Brief  VINDICATION/OF/THE  Purchassors  /  Against 

166 


BIBLIOGRAPHY 


the  PROPRITORS,/IN/A  Christian  Manner./ [Printer's  orna- 
ment] NEW-YORK./Printed,  by  J.  Zenger,  jun.  1745-6/ 

1 2mo,  printed  in  fours. 

Collation:  Title,  page  [i] ;  blank,  page  [ii] ;  "The  Preface.  To  the 
Reader."  pages  iii-vi ;  <«  A  Song  of  Praise  to  God,"  etc.,  pages  vii-xi ;  text, 
pages  1-32;  "Ejaculation  I."  [etc.]  pages  33-37.  Signed  at  bottom  of  page 
32,  "Griffin  Jenkins."  The  catchword  at  page  33  is  "Ejaculation  V."  (should 
be  II.),  and  the  catchwords  on  pages  34  and  35  are  both  "Ejaculation  VT."  That 
on  page  34  should  be  III.  and  that  on  page  35  should  be  IV.  *  E.  D.  C. 

Nathan's  Almanac  for  1747. 

Not  seen.    Title  taken  from  Haven's  list. 

THE/New-York  Weekly  Journal. /Containing  the  freshest  Ad- 
vices, Foreign,  and  Domestick./ 

[Colophon:]  NEW-YORK  :  Printed  by  the  Widow  Catharine 
Zenger,  where  Advertisements  are  taken  in./ 

Probably  52  numbers.  The  first  issue  seems  to  have  been  No.  631,  for 
January  6,  and  the  last  No.  680,  for  December  29.  If  no  issues  were  omitted 
there  must  have  been  several  errors  in  the  numbering.  Each  number  probably 
consists  of  four  pages. 

1747 

An  ANSWER  to  the  Council  of  Proprietor's  two/Publications; 
Sett  forth  at  Perth-Amboy  the  25th/of  March  1746,  and  the  25th 
of  March  1747.  As/also  some  Observations  on  Mr.  Nevil's  Speech 
to  the/ House  of  Assembly,  in  Relation  to  a  Petition  presented/to 
the  House  of  Assembly,  met  at  Trentown  in  the/Province  of  New- 
Jersey,  in  May,  1746./ 

[Colophon:]  NEW-YORK  :/Printed  and  Sold  by  the  Widow 
Catherine  Zenger,  at  the/ Printing-Office  in  Stone-Street,  1747,/ 

Folio,  7  leaves. 

Collation:  No  separate  title-page.  Text,  pages  1-13;  page  [14]  blank. 

L. 

Nathan's  Almanac  for  1748. 

Not  seen.    Title  taken  from  Haven's  list. 

THE/New-York  Weekly  Journal./ Containing  the  freshest  Ad- 
vices, Foreign, and  Domestick./ 

[Colophon:]  NEW-YORK  :  Printed  by  the  Widow  Cathrine 

167 


JOHN  PETER  ZENGER 


Zenger  at  the  Printing-Office  in  Stone-Street, /where  Advertisements 
are  taken^  in,  and  all  Persons  may  be  supplied  with  this  Paper./ 

Probably  52  numbers.  The  first  issue  seems  to  have  been  No.  681,  for 
January  5,  and  the  last  No.  732  for  December  28.  Each  number  probably  con- 
sists of  four  pages. 

1748 

AN/ Almanack,/FOR/The  Year  of  Christian  Account,/ 1 749,/ 
Being  the  first  akerLE  A?-YE  AR/  ff^hereln  is  Contained^ /The  Luna- 
tions, Eclipses,  and  Judgment  of  the/ Weather,  Planets  Motions, 
and  Mutual  Aspects  and/Time  of  Sun  and  Moon's  rising  and  set- 
ting, the  rising/southing  and  setting  of  the  Seven  Stars,  and  several/ 
other  remarkable  Stars,  length  of  Days,  a  Tide-Table/Fairs,  Courts, 
Observable  Days,  &c./  Fitted  to  the  Vertex  of  the  City  of  Perth 
^mboyl'm  New-Jersey^  h\xt  may  without  sensible  Error  serve/serve 
the  adjacent  Provinces  from  Newfoundland / to  South  Carolina. {"Qy 
JOHN  NATHAN,  Philomath/NEW-YORK/Printed  and  Sold 
by  the  Widow  Catharine  Zenger.,  at  the/ Printing  Office  in  Stone 
Street./ 

Small  8vo. 

Collation:  Title  and  text,  pages  1-24.  E.  D.  C. 

THE/New-York  Weekly  Journal./Containingthe  freshest  Ad- 
vices, Foreign,  and  Domestick./ 

[Colophon:]  NEW-YORK:  Printed  by  the  Widow  Catharine 
Zenger  at  the  Printing-Office  in  Stone-Street,/where  Advertise- 
ments are  taken  in,  and  all  Persons  may  be  supplied  with  this 
Paper./ 

Probably  52  numbers.  The  first  issue  seems  to  have  been  No.  733,  for 
January  4,  and  the  last  No.  784,  for  December  26.  Each  number  probably 
consists  of  four  pages. 

1749 

Wilhelm  Christopher  Berkenmyersf  Geheime  unt  ofFentliche 
ANSPRACHE/  samt  einer  SCHLUS-REDE,  /  AN  /  HEREN  / 
Johann  Christopher  Hartwick.jMVT  ETLICHEN/Zur  ERLAU- 
TERUNG,  und  zur  ENTDECKUNG/des  Criptoherrn  Huthian- 
tsmey  dienenden  Anmer-/kungen  nach  der  Vorschrift  unsrer  Nieu- 
Yorksen  K.O.p.  ii./ Cap.  ii.  art-  6./Zum  DRUCK  klaar  gemacht./ 
Da  von  die  Schlus-Rede  vorlaufen  aus  gegeben/ist  das  in  theerbosh^ 
gegebene  offentliche/  Ergernis,  am  Tage  des  HERREN,  ^.5./ 


168 


BIBLIOGRAPHY 


Februariiy  1748-9.  Christ-vernunftig  beurthei-/len  zu  konnen,/ 
[Printer's  ornament.J/Gedruckt  zu  Neiu-Tork^  by  Johann  Zenger^ 
M  DCCXLIX./ 

4to,  printed  in  twos;  58  leaves. 

Collation:  Title,  1  page;  blank,  i  page;  text,  pages  1-114,  with  the  fol- 
lowing errors  in  pagination:  69  is  65,  70  is  66,  91  is  29.  At  end  is  this  notice: 
"Van  Pagina  27  Litra  H.  is  gedruckt  by  my/Henry  De  Foreest."  H.U. 

THE/New-York  Weekly  Journal. /Containing  the  freshest 
Advices,  Foreign,  and  Domestick./ 

[Colophon:]  NEW-YORK,  Printed  by  JOHN  ZENGER, 
in  Stone  Street  near  Fort  George  :/where  ADVERTISEMENTS 
are  taken  in  at  a  moderate  Rate./ 

Probably  52  numbers.    The  first  issue  was  No.  785,  dated  January  2, 

1749,  probably  No.  836  for  December  26.  Each  number  pro- 
bably consists  of  four  pages,  except  No.  786,  dated  January  9,  and  No.  798, 
dated  April  3,  which  consist  of  six  pages. 

THE/New-York  Weekly  Journal. /Containing  the  freshest 
Advices,  Foreign  and  Domestick./ 

[Colophon:]  NEW-YORK,  Printed  by  JOHN  ZENGER,  m 
Stone  Street  near  Fort  George  :/where  ADVERTISEMENTS  are 
taken  in  at  a  moderate  Rate./ 

Probably  52  numbers.  The  first  issue  was  No.  837,  dated  January  2, 
and  the  last  was  probably  No.  1006,  for  December  31.  The  issues  seem  to 
have  been  correctly  numbered  up  to  88  8,  dated  October  29.  The  issues  for 
November  5,  12  and  19  have  not  been  traced  ;  that  for  November  26  is  No. 
1 00 1.    This  error  is  continued. 

1751 

THE  (Royal)  WEEKLY/ 

New- York  (Arms)  Journal/ 

Containing  the  freshest  Advices,  Foreign  and  Domestick./ 

[Colophon:]  NEW-YORK:  Printed  and  Sold  by  John  Zenger, 

at    the    PRINITNG-OFFICE,/in    Stone-Street,    near  Fort 

GEORGE,  where  Persons  may  be  supp'lyd  with  this/Paper  at  los. 

a  YEAR.  And  where  Advertisements  are  taken  in./ 

The  last  year  of  the  Journal.  Just  how  many  issues  were  printed  cannot 
now  be  traced.    The  first  issue  seems  to  have  been  No.  1007  for  January  7, 

1750.  The  latest  issue  now  known  is  No.  1017  (misprinted  01 17),  dated 
March  18,  1750.  Hildeburn  says  that  John  Zenger  the  younger  died  <'some 
time  before  July,  1751,  when  his  presses  and  type  were  sold  by  auction." 


169 


LITERAL  REPRINT 

OF  THE 

FIRST  EDITION 

OF  THE 

CASE  AND  TRIAL 


A  brief  Narrative  of  the  Cafe  and  Try- 
al  of yohn  Peter  Zenger^  Printer  of  the 
New-  York  weekly  yournal, 

As  There  was  but  one  Printer  in  the  Province  of 
New-Tork,\}tvaX  printed  a  publick  News  Paper, 
I  was  in  Hopes,  if  I  undertook  to  publifh 
another,  I  might  make  it  worth  my  while  ; 
and  I  foon  found  my  Hopes  were  not  ground- 
lefs:  My  firft  Paper  was  printed,  A^ox'.  5/^,  1733.  and 
I  continued  printing  and  publifhing  of  them,  I  thought  to 
the  Satisfaction  of  every  Body,  till  the  January  follow/ng : 
when  the  Chief  Juftice  was  pleafed  to  animadvert  upon  the 
Dodlrine  of  Libels,  in  a  long  Charge  given  in  that  Term  to 
the  Grand  Jury,  and  afterwards  on  the  third  Tuejday  of 
October y  1734.  was  again  pleafed  to  charge  the  Grand  Jury 
in  the  following  Words. 

*  Gentlemen^  I  fhall  conclude  with  reading  a  Paragraph 

*  or  two  out  of  the  fame  Book,  concerning  Libels ;  they  are 
'  arrived  to  that  Height,  that  they  call  loudly  for  your 
'  Animadverfion  ;  it  is  high  Time  to  put  a  Stop  to  them  ;  for 

*  at  the  rate  Things  are  now  carried  on,  when  all  Order  and 
'  Government  is  endeavoured  to  be  trampled  on  ;  Reflections 
'  are  cafl:  upon  Perfons  of  all  Degrees,  muft  not  thefe 
'  Things  end  in  Sedition,  if  not  timely  prevented  ?  Lenity, 
'  you  have  feen  will  not  avail,  it  becomes  you  then  to  en- 
'  quire  after  the  Offenders,  that  we  may  in  a  due  Courfe  of 

*  Law  be  enabled  to  punifli  them.    If  you.  Gentlemen^  do 

*  not  interpofe,  confider  whether  the  ill  Confequences  that 


173 


JOHN  PETER  ZENGER 

■  may  .arife  from  any  Difturbances  of  the  publick  Peace,  may 

■  not  in  part,  lye  at  your  Door  ? 

'  HawkinSy  in  his  Chapter  of  Libels,  confiders  three 
•  Points,  \st.  What  fliallbe  Jaid  to  be  a  Libel,  idly.  Who  are 

■  lyable  to  be  punijhed  for  it.    J^/Zy.  In  what  Manner  they  are 

■  to  be  -punijhed.    Under  the  \st.  he  says^  §.  7.  Nor  can  there 

■  be  any  Doubt^  but  that  a  Writing  which  defames  a  private 
Perfon  only,  is  as  much  a  Libel  as  that  which  defames  Per- 

Jons  intrujled  in  a  publick  Capacity,  in  as  much  as  it  manifejlly 
tends  to  create  ill  Blood,  and  to  caufe  a  Dijiurbance  of  the 
publick  Peace ;  however  it  is  certain,  that  it  is  a  very  high 
Aggravation  of  a  Libel,  that  it  tends  to  fcandalize  the  Gov- 
ernment, by  refieSling  on  thofe  who  are  entrufied  with  the 
Adminiftration  of  publick  Affairs,  which  does  not  only  en- 
danger the  publick  Peace,  as  all  other  Libels  do,  by  Jlirring 
up  the  Parties,  immediately  concerned  in  it,  to  A£is  of  Re- 
venge, but  alfo  has  a  direct  'Tendency  to  breed  in  the  People 
a  Dijlike  of  their  Governours,  and  incline  them  to  Faction 
and  Sedition,  As  to  the  id.  Point  he  fays.  §  10  //  is  cer- 
'  tain,  not  only  he  who  compofes  or  procures  another  to  compoje 
'  it  but  alfo  that  he  who  publifhes,  or  procures  another  to  pub- 

■  lifh  it,  are  in  Danger  of  being  punijhed  for  it ;  and  it  is  faid 
'  not  to  be  material  whether  he  who  difperfes  a  Libel,  knew 
'  any  Thing  of  the  Contents  or  Effects  of  it  or  not ;  for  no.'hing 
'  could  be  more  eafy  than  to  publijh  the  moji  virulent  Papers 

'  with  the  greatejl  Security,  if  the  concealing  the  Purport  of 
'  them  from  an  illiterate  Publifher,  would  make  him  fafe  in 
'  the  dijperfing  them :  Alfo,  it  has  been  faid,  that  if  he  who 
'  hath  either  read  a  Libel  himfelf  or  hath  heard  it  read  by  an- 
'  other,  do  afterwards  malicioufly  read  or  report  any  Part 
'  of  it  in  the  Prejence  of  others,  or  lend  or  Jhew  it  to  another, 
'  he  is  guilty  of  an  unlawful  Publication  of  it.  Alfo  it  hath 
'  been  holden,  that  the  Copying  of  a  Libel  fhall  be  a  conclufive 
'  Evidence  of  the  Publication  of  it,  unlejs  the  Party  can  prove, 
'  that  he  delivered  it  to  a  Magijlrate  to  examine  it,  in  which 
'  Cafe  the  A^  fubfequent Jaid  to  explain  the  Intention  "^xz- 
'  cedent.    But  it  Jeems  to  be  the  better  Opinion,  that  he  who 


174 


THE  CASE  AND  TRIAL 


^  fir  ft  writes  a  Libel^  dictated  by  another^  is  thereby  guilty  of 
'  Making  of  it,  and  confequently  puni/hable  for  the  bare  IV rit- 
'  ^"S  '^/^^     "^^^      Libel  till  it  was  reduced  to  Writing. 
*  Thefe,  Gentlemen,  are  fome  of  the  Offences  which  are  to 

*  make  Part  of  your  Enquiries  ;  and  if  any  other  fhould  arife 

*  in  the  Courfe  of  your  Proceedings,  in  which  you  are  at 

*  a  Lofs,  or  conceive  any  Doubts,  upon  your  Application 
'  here,  We  will  aflift  and  direft  you. 

The  Grand  Jury  not  indidling  me  as  was  expected,  the 
Gentlemen  of  the  Council  proceeded  to  take  my  Journals 
into  Confideration,  and  fent  the  following  Meflage  to  the 
general  AfTembly. 

'  Die  Jovis,  3  bo.  P.  M.  i-jtb  of  Odlober,  1734. 

'  A  Meflage  from  the  Council  by  Philip  Cortlandt,  m 
'  thefe  Words,  to  wit, 

'  That  Board  having  had  feveral  of  Zengers  New-Tork 

*  weekly  Journals,  laid  before  them,  and  other  fcurrilous 

*  Papers,  tending  to  alienate  the  AfFedlions  of  the  People  of 

*  this  Province  from  His  Majefty's  Government,  to  raife 

*  Seditions  and  Tumults  among  the  People  of  this  Province, 
'  and  to  fill  their  Minds  with  a  Contempt  of  His  Majefty's 

*  Government :    And  confidering  the  pernicious  Confe- 

*  quences  that  may  attend  fuch  growing  Evils,  if  not  fpeedi- 
'  ly  and  effeftually  put  a  Stop  to.    And  conceiving  that  the 

*  moft  likely  Method  to  put  a  Stop  to  fuch  bold  and  feditious 
'  Pra6lices,  to  maintain  the  Dignity  of  his  Majefty's  Govern- 

*  ment,  and  to  preferve  the  Peace  thereof,  would  be  by  a 
'  Conferrence  between  a  Committee  of  this  Board,  and  a 
'  Committee  of  the  Aflembly  ;  it  is  therefore  ordered,  That 

*  the  Gentlemen  of  this  Board,  NOW  ASSEMBLED,  or 
'  any  feven  of  them,  be  a  Committee,  to  join  a  Committee 
'  of  the  Houfe  of  Reprefentatives,  in  order  to  confer  to- 
'  gether,  and  to  examine  and  enquire  into  the  faid  Papers, 
'  and  the  Authors  and  Writers  thereof. 

'  Which  Mefl"age  being  read. 


175 


JOHN  PETER  ZENGER 


'  Ordered^  That  the  Members  of  this  Houfe,  or  any 

*  fourteen  of  them,  do  meet  a  Committee  of  the  Council,  at 

*  the  Time  and  Place  therein  mentioned. 

*  Die  Veneris^  ^  ho.  i8  O£lober,  1734. 

*  Mr.  Garretjon  from  the  Committee  of  this  Houfe  re- 

*  ported,  That  they  laft  Night  met  the  Committee  of  the 
'  Council,  on  the  subjeft  Matter  of  their  Meflage  of  yefter- 

*  day  to  this  Houfe;  and  that  after  feveral  Preliminaries  be- 

*  tween  the  faid  Committees,  the  Gentlemen  of  the  Council 
'  reduced  to  Writing,  what  they  requefted  of  this  Houfe, 

*  and  delivered  the  fame  to  the  Chairman,  who  delivered  it 

*  in  at  the  Table,  and  being  read,  is  in  the  Words  following. 

At  a  Committee  of  the  Council  held  the  17M  of  October y 
1734. 

PRESENT. 

Mr.  Clarke.         Mr.  Livingfion.        Mr.  Courtland. 

Mr.  Harijon.       Mr.  Kennedy.  Mr.  Lane. 

Dr.  Colden.         Mr.  Chief  Juftice.    Mr.  Horfmanden. 

'  Gentlemen ; 

'  The  Matters  we  requeft  your  Concurrence  in,  are, 
'  That  Zengers  Papers,  No.  7.  47.  48.  49.  which  were  read, 
'  and  which  we  now  deliver,  be  burnt  by  the  Hands  of  the 

*  common  Hangman,  as  containing  in  them  many  Things 

*  derogatory  of  the  Dignity  of  His  Majefty's  Government, 

*  refledling  upon  the  Legiflature,  upon  the  moft  confiderable 

*  Perfons,  in  the  mofl  Diftinguifhed  Stations  in  the  Province, 

*  and  tending  to  raife  Seditions  and  Tumults  among  the 

*  People  thereof. 

'  That  you  concur  with  us  in  the  Addreffing  the  Gover- 
'  nour,  to  iflue  His  Proclamation,  with  a  Promife  of  Reward 

*  for  the  Difcovery  of  the  Authors  or  Writers  of  thefe  Sedi- 

*  tious  Libels. 

'  That  you  concur  with  us  in  an  Order  for  Profecuting 
'  the  Printer  thereof. 


176 


THE  CASE  AND  TRIAL 


*  That  you  concur  with  us  in  an  Order  to  the  Magif- 
'  trates,  to  exert  themfelves  in  the  Execution  of  their  Of- 
'  fices,  in  order  to  preferve  the  publick  Peace  of  the  Pro- 
'  vince. 

'  By  Order  of  the  Committee. 

Fred.  Morris^  CI.  Con. 

*  Mr.  Garret/on  delivered  likewife  to  the  Houfe  the  fev- 
'  eral  Papers  referred  to  in  the  faid  Requeft. 

*  Ordered,  That  the  faid  Papers  be  lodg'd  with  the  Clerk 

*  of  this  Houfe,  and  that  the  Confideration  thereof,  and  the 

*  faid  Requeft,  be  referred  till  Tuejday  next. 

'  Die  Martis,  9  ho.  A.  M.  22  OBober,  1734. 

*  The  Houfe  according  to  Order  proceeded  to  take  into 

*  Confideration  the  Requeft  of  a  Committee  of  Council,  de- 

*  livered  to  a  Committee  of  this  Houfe,  on  the  idth  inftant, 
'  as  likewife  of  the  feveral  Papers  therein  referred  to.  And 

*  after  feveral  Debates  upon  the  fubjedl  Matters, it  was  OR- 

*  DERED  THAT  THE  SAID  PAPERS  AND  RE- 
'  QUEST  LYE  ON  THE  TABLE.' 

The  Council  finding  the  General  Affembly  would  not 
do  any  Thing  about  it,  they  fent  the  following  Mefl*age  to 
the  Houfe. 

'  Die  Sabbati,  9  ho.  A.  M.  2  November,  1734. 

*  A  Meflage  from  the  Council  by  Mr.  Livingjlon,  de- 

*  firing  this  Houfe  to  return  by  him  to  that  Board,  the 
'  feveral  fedi/ious  journals  of  Zengers  No.  7.  47.  48.  49. 

*  which  were  delivered  by  a  Committee  of  that  Board  to  a 
'  Committee  of  this  Houfe,  the  i^jth  of  October  laft,  together 
'  with  the  Propofals  of  the  Committee  of  that  Board,  de- 
'  livered  therewith  to  a  Committee  of  this  Houfe ;  and  then 
'  withdrew. 

On  Tuejday  the  5M  of  November,  1734.  the  garter  SeJ- 
Jions  for  the  City  of  New-Tork  began,  when  the  Sheriff  de- 
livered to  the  Court  AN  ORDER,  which  was  read  in  thefe 
Words. 


177 


JOHN  PETER  ZENGER 


*  At  a  Council  held  at  Fort  George,  in  New-Tork,  the  id 
'  of  November,  1734. 

PRESENT, 

His  Excellency  William  Co/by,  Capt.  General  and  Gov- 
ernour  in  Chief,  ^c. 

Mr.  Clark.         Mr.  Livingfion.        Mr.  Cortland. 
Mr.  Harijon.      Mr.  Kennedy.  Mr. 

*  Dr.  Colden.        Mr.  Chief  Juftice.    Mr.  Horjmanden. 

'  Whereas  by  an  Order  of  this  Board,  of  this  Day,fomeof 

*  John  Peter  Zenger's  Journals,  entitled.  The  New- York 
'  weekly  Journal,  containing  the  frefheft  Advices,  foreign  and 
'  domeftick,  No.  7.  47.  48.  49.  were  ordered  to  be  burnt  by 

*  the  Hands  of  the  common  Hangman,  or  Whipper,  near  the  Pil- 

*  lory  in  this  City,  on  Wednefday  the  6th  Infant,  between  the 

*  Hours  of  Eleven  and  "Twelve  in  the  Forenoon,  as  containing  in 
'  them  many  Things  tending  to  Sedition  and  Faction,  to  bring 
'  His  Majefy's  Government  into  Contempt,  and  to  difturb  the 
'  Peace  thereof,  and  containing  in  them  likewije,  not  only  Re- 
^  flexions  upon  His  Excellency  the  Governour  in  particular,  the 
'  Legifature  in  general,  but  alfo  upon  the  moft  confiderable  Per- 
'  fons  in  the  moft  diftinguijhed  Stations  in  this  Province.  It  is 
'  therefore  ordered.  That  the  Mayor,  and  Magiftrates  of  this 
'  City,  do  attend  at  the  Burning  of  the  feveral  Papers  or  J'yur- 
'  nals  aforefaid,  Numbered  as  above  mentioned. 

Fred.  Morris,  D.  CI.  Con. 

*  To  Robert  hurting,  Efq;  Mayor  of  the  City  of  New- 

*  York,  and  the  Reft  of  the  Magiftrates  for  the  faid 

*  City  and  County. 

Upon  reading  of  which  ORDER,  the  Court  forbad  the 
Entring  thereof  in  their  Books  at  that  Time,  and  many  of 
them  declared,  that  if  it  fliould  be  entred,  they  would  have 
their  Proteft  entered  againft  it. 

*  N.B.  Dodlor  Colden  was  that  day,  at  Efopus,  90 
Miles  from  New- York,  tho  mentioned  as  prefent  in  Council. 


178 


THE  CASE  AND  TRIAL 


On  Wednejday  the  dth  of  November^  the  SherrifF  of  New- 
Tork  moved  the  Court  of  garter  Sejfions,  to  comply  with 
the  faid  Order,  upon  which  one  of  the  Aldermen  offered  a 
proteft,  which  was  read  by  the  Clerk,  and  approved  of  by 
all  the  Aldermen,  either  exprefsly  or  by  not  objedling  to  it, 
and  is  as  followeth. 

*  Whereas  an  ORDER  has  been  ferved  on  this  Court, 
in  thefe  Words. 

[T'he  Order  as  above  inceriedJ] 

*  And  whereas  this  Court  conceives,  they  are  only  to  be 

*  commanded  by  the  King's  Mandatory  Writs,  authorized  by 
'  Law,  to  which  they  conceive  they  have  the  Right  of  fhew- 

*  ing  Caufe  why  they  don't  obey  them,  if  they  believe  them 
'  improper  to  be  obey'd,  or  by  ORDERS,  which  have 
'  fome  known  Laws  to  authorize  them  ;  and  whereas  this 

*  Court  conceives  THIS  ORDER  to  be  no  Mandatory 
'  Writt  warranted  by  Law,  nor  knows  of  no  Law  that  author- 
'  izes  the  making  the  Order  aforefaid ;  fo  they  think  them- 

*  felves  under  no  Obligation  to  obey  it :  Which  Obedience, 
'  they  think,  would  be  in  them,  an  opening  a  Door  for  ar- 

*  bitrary  Commands,  which,  when  once  opened,  they  know 

*  not  what  Dangerous  Confequences  may  attend  it.  Wherefore 
'  this  Court  conceives  it  felf  bound  in  Duty  (for  the  Prefer- 

*  vation  of  the  Rights  of  this  Corporation,  and  as  much  as 
'  they  can,  the  Liberty  of  the  Preis  and  the  People  of  the 
'  Province,  fince  an  Aflembly  of  the  Province,  and  feveral 
'  Grand  Juries,  have  refufed  to  meddle  with  the  Papers, 
'  when  applied  to  by  the  Council)  to  proteft  againft  the 

*  ORDER  aforefaidy  and  to  forbid  all  the  Members  of  this 

*  Corporation,  to  pay  any  Obedience  to  it,  until  it  be  fliewn  to 

*  this  Court,  that  the  fame  is  Authorized  by  fome  known 

*  Law,  which  they  neither  know  nor  believe  that  it  is.' 

Upon  reading  of  which,  it  was  required  of  the  Honour- 
able Francis  Harifon,  Recorder  of  this  Corporation,  and  one 
of  the  Members  of  the  Council,  (prefent  at  making  faid 
Order)  to  Ihew  by  what  Law  or  Authority  the  faid  ORDER 


179 


JOHN  PETER  ZENGER 


was  made  ;  upon  which  he  fpoke  in  Support  of  it,  and  cited 
the  Cafe  of  Dodtor  Sacheverel's  Sermon,  which  was  by  the 
Houfe  of  Lords  ordered  to  be  burnt  by  the  Hands  of  the 
Hangman,  and  that  the  Mayor  and  Aldermen  of  London 
ftiould  attend  the  doing  of  it,  to  which  one  of  the  Alder- 
men anfwered  to  this  Purpofe  ;  that  he  conceived  the  Cafe 
was  no  ways  parallel,  becaufe  Dodlor  Sacheverel^  and  his 
Sermon,  were  impeached  by  the  Houfe  of  Commons  of  Eng- 
land^ which  is  the  Grand  Jury  of  the  Nation,  and  Reprefen- 
tative  of  the  whole  People  of  England:  That  this  their 
Impeachment  they  profecuted  before  the  Houfe  of  Lords, 
the  greateft  Court  of  Juftice  of  Britain^  and  which  beyond 
Memory  of  Man,  has  had  Cognizance  of  Things  of  that 
Nature,  that  there  Sacheverel  had  a  fair  Hearing  in  Defence 
of  himfelf  and  of  his  Sermon.  And  after  that  fair  Hearing,  he 
and  his  Sermon  were  juftly,  fairly  and  legally  condemened ; 
that  he  had  read  the  Cafe  of  Dr.  Sacheverel^  &  thought 
he  could  charge  his  Memory,  that  the  Judgment  of  the 
Houfe  of  Lords  in  that  Cafe  was.  That  the  Mayor  and 
Sheriffs  of  London  and  Middlejex,  only  ftiould  attend  the 
Burning  of  the  Sermon,  and  not  the  Aldermen  ;  and  farther 
he  remembred,  that  the  Order  upon  that  Judgment,  was 
only  direded  to  the  Sheriffs  of  London^  and  not  even  to  the 
Mayor,  who  did  not  attend  the  doing  it;  and  farther  f»id, 
that  would  Mr.  Recorder  fhew,  that  the  Governour  and  Coun- 
cil had  fuch  Authority  as  the  Houfe  of  Lords,  and  that  the 
Papers  ordered  to  be  burnt  were  in  like  manner  legally  prof- 
ecuted and  condemned^  there  the  Cafe  of  Dodlor  Sacheverel 
might  be  to  the  Purpofe;  but  without  fhewing  that,  it  rather 
proved  that  a  Cenfure  ought  not  to  be  pronounced,  till  a  fair 
Tryal  by  a  Competent  and  legal  Authority  were  firft  had. 
Mr.  Recorder  was  defired  to  produce  the  Books  from  whence 
he  cited  his  Authorities,  that  the  Court  might  judge  of  them 
themfelves,  and  was  told,  that  if  he  could  produce  fufficient 
Authorities  to  warrant  this  ORDER,  they  would  readily 
obey  it,  but  otherwife  not.  Upon  which  he  faid,  he  did  not 
carry  his  Books  about  with  him.  To  which  it  was  anfwered. 


i8o 


THE  CASE  AND  TRIAL 


he  might  fend  for  them,  or  order  a  Conftable  to  fetch  them. 
Upon  which  he  arofe,  and  at  the  lower  End  of  the  Table  he 
mentioned,  That  Bifhop  Burnet's  Paftoral  Letter,  was  ordered 
by  the  Houfe  of  Lords,  to  be  burnt  by  the  High  Bailiff  of 
IV ejlminjler ;  upon  which  he  abruptly  went  away,  without 
waiting  for  an  Anfwer  or  promifing  to  bring  his  Books,  and 
did  not  return  fitting  the  Court. 

After  Mr.  Recorder's  Departure,  it  was  moved  that  the 
Proteft  fhould  be  entered ;  to  which  it  was  anfwered.  That 
the  Proteft  could  not  be  entered  without  entering  alfo  the 
ORDER,  and  it  was  not  fit  to  take  any  notice  of  IT,  and 
therefore  it  was  propofed  that  no  Notice  fhould  be  taken  in 
their  Books  of  either,  which  was  unanimoufly  agreed  to  by 
the  Court. 

The  SherrifF  then  moved,  that  the  Court  would  direcft 
their  Whipper  to  perform  the  faid  ORDER;  to  which  it 
was  anfwered,  That  as  he  was  the  Officer  of  the  Corporation, 
they  would  give  no  fuch  Order.  Soon  after  which  the  Court 
adjourned,  and  did  not  attend  the  Burning  of  the  Papers. 
Afterwards  about  Noon,  the  SheriflF  after  reading  the  Num- 
bers of  the  feveral  Papers  which  were  ordered  to  be  burnt, 
delivered  them  unto  the  Hands  of  his  own  Negroe,  and 
ordered  him  to  put  them  into  the  Fire  which  he  did,  at 
which  Mr.  Recorder,  Jeremiah  Dunbar^  Efq;  and  feveral  of 
the  Officers  of  the  Garrifon  attended. 

On  the  Lord's  Day  the  17M  of  November,  1734.  I  was 
taken  and  imprifoned  by  Virtue  of  a  Warrant  in  thefe  Words. 

'  At  a  Council  held  at  Fort  George  in  New-York,  the  id 
Day  of  November^  I734- 

PRESENT, 

His  Excellency  William  Co/by,  Captain  General  and 
Governour  in  Chief,  ^c. 


Mr.  Clarke.  Mr.  Kennedy. 
Mr.  Harijon.  Chief  Juflice. 
Mr.  Livingfton.  Mr.  Cortlandt. 


Mr.  Lane. 

Mr.  Horjmanden. 


181 


JOHN  PETER  ZENGER 


*  It  is  ordered  that  the  Sheriff  for  the  City  of  New- 
'  York^  do  forthwith  take  and  apprehend  John  Peter  Zenger, 
'  for  printing  and  publifhing  feveral  Seditious  Libels,  dif- 

*  perfed  throughout  his  Journals  or  News  Papers,  entituled 
'  The  New-Tork  Weekly  Journal^  containing  the  frejheft  Ad- 
'  vices ^  foreign  and  domejlick;  as  having  in  them  many  Things, 

*  tending  to  raife  Factions  and  Tumults,  among  the  People 
'  of  this  Province,  inflaming  their  Minds  with  Contempt  of 
'  His  Majefl:y'sGovernment,and  greatly  diflurbing  the  Peace 
'  thereof,  and  upon  his  taking  the  faid  John  Peter  Zenger,  to 
'  commit  him  to  the  Prifon  or  common  Goal  of  the faid  City  and 
'  County. 

Fred.  Morris,  D.  CI.  Con. 

And  being  by  Virtue  of  that  Warrant  fo  imprifoned  in 
the  Goal,  I  was  for  feveral  Days  denied  the  ufe  of  Pen,  Ink 
and  paper,  and  the  Liberty  of  Speech  with  any  Perfons.  -  - 
-  -  Upon  my  Commitment,  fome  Friends  foon  got  a  Habeas 
Corpus,  to  bring  me  before  the  Chief  Juftice,  in  order  to 
my  Difcharge,  or  being  bailed ;  on  the  Return  whereof,  on 
Wednefday  the  loth  of  November,  my  Council  delivered  Ex- 
ceptions to  the  Return,  and  the  Chief  Juflice  ordered  them 
to  be  argued  publickly  at  the  City-Hall,  on  the  Saturday  fol- 
lowing. 

On  Saturday  the  i^d  of  November,  the  faid  Exceptions 
came  to  be  argued,  by  James  Alexander  and  William  Smith, 
of  Council  for  me,  and  by  Mr.  Attorney  General  and 
Mr.  Warrrel,  of  Council  againft  me,  in  Prefence  of  fome 
Hundreds  of  the  Inhabitants;  where  my  Council  (faving  the 
Benefit  of  Exception  to  the  illegality  of  the  Warrant)  infifled 
that  I  might  be  admitted  to  reafonable  Bail.  And  to  fhew 
that  it  was  my  Right  to  be  fo,  they  oflTered  Magna  Charta, 
The  Petition  of  Right,  3  Car.  The  Habeas  Corpus  A^  of  -^^y 
Car.  1.  which  diredls  the  Sum  in  which  Bail  is  to  be  taken, 
to  be,  *  according  to  the  ^ality  of  the  Prifoner,  and  Nature 

*  of  the  Offence.'  Also  id  Hawkins,  Cap.  15  §.  5.  in  thefe 
Words,  *  But  JuJiice  muji  take  Care,  that  under  Pretence  of 

182 


THE  CASE  AND  TRIAL 


'  demanding  Jufficient  Security,  they  do  not  make  Jo  excejjive  a 

*  Demandyas  in  Effe£i  amounts  to  a  Denyal  of  Bail ;  for  this  is 
'  lookt  on  as  a  great  Grievance^  and  is  complained  of  as  fuchy 

*  by  I  W.       M,  Sefs.  2d.  by  which  it  is  declaredy  That  excef- 

*  five  Bail  ought  not  to  be  required.'  It  was  alfo  ftiewn 
that  the  feven  Bifhops,  who  in  King  James  the  Wd's  Time, 
were  charged  with  the  like  Crime  that  1  ftood  charged  with, 
were  admitted  to  Bail  on  their  own  Recognizances,  the  Arch- 
Bifhop  in  200/.  &  each  of  the  other  fix  in  a  100/.  apiece  only. 
Sundry  other  Authorities  and  Arguments  were  produced 
and  infiftedon  by  my  Council,  to  prove  my  Right  to  be  ad- 
mitted to  moderate  Bail,  and  to  fuch  Bail  as  was  in  my 
Power  to  give;  and  fi.mdry  Parts  of  Hiftory  they  produced, 
to  fiiew  how  much  the  requiring  excefllve  Bail  had  been 
refented  by  Parliament.  And  in  order  to  Enable  the  Court 
to  judge  what  Surety  was  in  my  Power  to  Give,  I  made  Af- 
fidavit, That  {my  Debts  paid)  I  was  not  worth  Forty  Pounds, 
[the  Tools  of  my  Trade  and  wearing  Apparel  excepted.) 

Some  warm  Exprefiions  (to  fay  no  worfe  of  them)  were 
dropt  on  this  Occafion  fufficiently  known  and  refented  by 
the  Auditory,  which  for  my  Part  I  defire  may  be  buried  in 
Oblivion  :  Upon  the  whole  it  was  Ordered  that  I  might  be 
admitted  to  Baily  my  self  in  400. 1.  with  two  Sureties,  each  in 
200I.  and  that  I  fhould  be  remanded  till  I  Gave  it.  And 
as  this  was  Ten  Times  more,  than  was  in  my  Power  to 
counter-fecure  any  Perfon  in  giving  Bail  for  me,  I  conceived 
I  could  not  afk  any  to  become  my  Bail  on  thefe  Terms  ; 
and  therefore  I  returned  to  Goal,  where  I  lay  until  T uefday 
the  28th  of  January,  1734,5,  being  the  laft  Day  of  that 
Term  ;  and  the  Grand  Jury  having  found  nothing  againft 
me,  I  Expected  to  have  been  difcharged  from  my  Imprifon- 
ment :  But  my  Hopes  proved  vain  ;  for  the  Attorney  Gen- 
eral then  charged  me  by  Information,  for  Printing  and  pub- 
lifhing  Parts,  of  my  Journals  No.  13.  and  23.  as  being/<2^, 
Jcandalous,  malicious  and  Jeditious. 

To  this  Information  my  Council  appeared,  and  offered 
Exceptions,  leaving  a  Blank  for  inferting  the  Judges  Com- 

183 


/ 


JOHN  PETER  ZENGER 


miflions,  which  the  Court  were  of  opinion  not  to  receive  till 
thofe  Blanks  were  filled  up.  In  the  fucceeding  Vacation 
the  Judges  gave  Copies  of  their  Commiffions  ;  and  on  'TueJ- 
day  the  i^th  of  April  laft,  the  firft  Day  of  the  fucceeding 
Term,  my  Council  offered  thefe  Exceptions  ;  which  were  as 
follows. 

The  Attorney  General,  Ir^rr       ^'     c  attj 
•'  (  Un  Information  for  a  Mifde- 


V. 


John  Peter  Zenger. 


meanour. 


*  Exceptions  humbly  offered  by  John  Peter  Zenger,  to  the 
Honourable  James  De  Lancey,  Esq ;  to  judge  in  this 
Caufe. 

'  The  Defendant  comes  and  prays  Hearing  of  the  Com- 
miffion,  by  Virtue  of  which  the  Honourable  James  De 
Lancey,  Efq ;  claims  the  Power  and  Authority  to  judge  in 
this  Caufe,  and  it  is  read  to  him  in  thefe  Words  ; 

'  GEORGE  //&^ Jecond,  by  the  Groce  of  God,  of  Great  Brit- 
ain, France  and  Ireland,  King,  Defender  of  the  Faith,  &c. 
I'o  Our  trujly  and  well  beloved  James  De  Lancey,  Efq  ;  We 
repojingjpecial  Trujl  and  Corfidence  in  your  Integrity,  Abil- 
ity and  Learning;  have  affigned,  conjlituted  and  appointed,  and 
We  do  by  thefe  Prejents  affign  conjlitute  and  appoint  you  the 

faid  James  De  Lancey,  to  be  Chief  Justice  in  and  over  Our 
Province  of  New- York,  in  America,  in  the  Room  of  Lewis 
Morris,  Efq  ;  Giving  and  by  theje  Prefents  granting  unto  you, 

full  Power  and  lawful  Authority,  to  hear  try  and  determine 
all  Pleas  whatfoever,  civil,  criminal  and  mixt,  according  to  the 
Laws,  Statutes  and  Cujloms  of  Our  Kingdom  of  England,  and 
the  Laws  and  UJages,  of  Our  faid  Province  of  New-York, 
not  being  repugnant  thereto,  and  Executions  of  all  Judgments 
of  the  /aid  Court  to  award,  and  to  make  Juch  Rules  and  Or- 
ders in  the  /aid  Court,  as  may  be  found  convenient  and  ufeful, 
and  as  near  as  may  be,  agreeable  to  the  Rules  and  Orders  of 
Our  Courts  of  King  s  Bench,  Common  Pleas  and  Exchequer  in 
England.    To  have  hold  and  enjoy  the  /aid  Office  or  Place 

184 


THE  CASE  AND  TRIAL 


•  of  Chief  Jujlice,  in  and  over  Our  Jaid  Province,  with  all  and 
•fingular  the  Rights,  Privileges,  Profits  and  Advantages,Sallar- 

■  ies.  Fees  and  Perquifites  unto  the  faid  Place  belonging,  or  in 
'•  any  W ays  appertaining,  in  as  full  and  ample  Manner  as  any 
'  Perjon  heretofore  Chief  Juftice  of  Our  said  Province  hath 

•  held  and  enjoyed,  or  of  Right  ought  to  have  held  and  enjoyed 
'•  the  fame,  'fo  you  the  faid  James  De  Lancey,  Efq\  for  and 
=  DURING  OUR  WILL  AND  PLEASURE.  In  Tef- 
'  timony  whereof  we  have  caufed  thefe  Our  Letters  to  be  made 
'  Patent,  and  the  great  Seal  of  Our  Province  of  New-York  to 
'  be  hereunto  affixed.  IVitnefs  Our  trufiy  and  well  beloved 
'  WILLIAM  COSBY,  Efq;  Our  Captain  General  and  Gov- 
'  ernour  in  Chief  of  Our  Provinces  of  New-York,  New-Jersey 

•  and  the  Territories  thereon  depending  in  America,  Vice-Ad- 

■  miral  of  the  fame,  and  Colonel  in  Our  Army,  at  Fort  George, 

•  in  New-York,  the  Twenty  firfi:  day  of  Auguft,  in  the  feventb 

■  Tear  of  Our  Reign,  Annoq;  Domini,  1733. 

*  Which  being  read  and  heard,  the  faid  John  Peter  Zenger, 

■  by  Proteftation  not  confeffing  nor  fubmitting  to  the  Power 

•  of  any  other  Perfon  to  Judge  in  this  Caufe,  doth  except  to 

•  the  Power  of  the  Honourable  James  De  Lancey,  Efq; 

■  aforefaid  to  judge  in  this  Caufe,  by  Virtue  of  the  Commif- 

■  fion  aforefaid,  for  thefe  Reafons,  viz. 

'  \st.  For  that  the  Authority  of  a  Judge  of  the  King's 

■  Bench,  in  that  Part  of  Great  Britain  called  England,  by 

■  which  the  Cognizance  of  this  Caufe  is  claimed,  is  by  the 

■  faid  Commiffion  granted  to  the  Honourable  James  De 
Lancey,  Efq;  aforefaid,  only  during  Pleafure;  whereas  that 

■  Authority  (by  a  Statute  in  that  Cafe  made  and  provided,) 
'  ought  to  be  granted  during  good  Behaviour. 

'  id.  For  that  by  the  faid  Commiffion,  the  Jurifdidion 
'  and  Authority  of  a  Juftice  of  the  Court  of  Common  Pleas 
'  at  W ejlminjler  in  that  Part  of  Great-Britain,  called  Eng- 
'  land,  is  granted  to  the  faid  James  De  Lancey,  Efq;  which 
'  Jurifdidion  and  Authority,  cannot  be  granted  to,  and  ex- 
'  ercifed  by,  any  one  of  the  Juftices  of  the  King's  Bench. 

*  ^d.  For  that  the  Form  of  the  faid  CommilTion,  is  not 


185 


JOHN  PETER  ZENGER 


'  founded  on  nor  warranted  by  the  Common  Law,  nor  any 
'  ftatute  of  Englandy  nor  of  Great-Britain^  nor  any  Adt  of 

*  Aflembly  of  this  Colony. 

"  4/^.  For  that  it  appears  by  the  Commifllon  aforefaid, 

*  that  the  fame  is  granted  under  the  Seal  of  this  Colony,  by 
'  His  Excellency  William  Cojby,  Efq;  Governour  thereof;  and 

*  it  appears  not,  that  the  fame  was  granted,  neither  was  the 

*  fame  granted,  by  and  with  the  Advice  and  Confent  of  His 

*  Majefty's  Council  of  this  Colony ;  without  which  Advice 
'  and  Confent,  His  Excellency  could  not  grant  the  fame. 

'  Wherefore,  and  for  many  other  Defedts  in  the  faid 

*  Commiffion,  this  Defendant  humbly  hopes,  that  the  Hon- 

*  ourable  James  De  Lancey  Efq;  will  not  take  Cognizance  of 
'  this  Cause,  by  Virtue  of  the  Commiffion  aforefaid. 

\XT     r      J  I  James  Alexander. 
Was  H^^'^^Yff.iiii^^  Smith. 

The  Exceptions  to  the  Commiffion  of  the  Honourable 
Frederick  Philipje^  Efq;  were  the  fame  with  the  foregoing, 
including  therein  his  Commiffion,  which  is  in  thefe  Words. 

*  GEORGE  the  Jecond,  by  the  Grace  of  God,  of  Great 

*  Britain,  France  and  Ireland-  King  Defender  of  the  Faith, 
'  &c.  To  Our  trujly  and  well  beloved  Frederick  Philipfe,  Esq\ 
'  Greeting :  Whereas  it  is  Our  Care,  that  Juftice  be  duely  ad- 

*  minijiered  to  Our  Subjects  within  Our  Province  of  New- 

*  York,  and  Territories  thereon  depending  in  America ;  and 
'  We  repofing  especial  Confidence,  in  your  Integrity,  Ability  and 

*  Learning,  have  ajjigned,  conjiituted  and  appointed,  and  W e 

*  do  by  thefe  Prefents  affign,  conflitute  and  appoint  you  the  faid 
'  Frederick  Philipfe,  to  be  fecond  Jujlice,  of  Our  Supream 

*  Court  of  Judicature  of  Our  Province  of  New- York,  in  the 
'  Room  of  James  De  Lancey,  Efq;  Giving  and  granting  unto 
^  you  the  faid  Frederick  Philipfe,  full  Power  and  Authority, 
'  with  Our  otherjuftices  of  Our  faid  Supream  Court,  to  hear,  try 
'  and  determine,  all  Pleas  whatsoever,  civil,  criminal  and  mixt, 

*  according  to  the  Laws,  Statutes  and  Cufioms  of  Our  Kingdom 

*  of  England,  and  the  Laws  and  Ufages  of  Our  faid  Province 

186 


THE  CASE  AND  TRIAL 


*  o/" New- York,  not  being  repugnant  thereto,  and  Executions  of 
'  all  Judgments  of  the  J  aid  Court  to  award,  and  to  a£l  and  do 
'  all  Things,  which  any  of  Our  Juftices  of  either  Bench,  or 
'  Baron  of  the  Exchequer,  in  Our  faid  Kingdom  of  Eng- 
'  land,  may  or  ought  to  do ;  and  alfo  to  affijl,  in  the  making  fuch 
'  Rules  and  Orders  in  Our  faid  Court,  as  fhall  be  for  the  Good 
'  and  Benefit  of  Our  faid  Province ;  and  as  near  as  conveniently 
'  may  be,  to  the  Rules  and  Orders  of  Our  faid  Courts  in  Our 
^  faid  Kingdom  of  England  :  To  have,  hold  and  enjoy,  the  faid 
'  Office  or  Place  of  fecond  Jujlice  of  our  faid  Province  of 
'  New- York,  together  with  all  and  fingular  the  Rights,  Priv- 

*  ileges.  Salaries,  Fees,  Perquijites,  Profits  and  Advantages 
'  thereto,  now  or  at  any  Time  heretofore  belonging,  or  in  any 
*■  wife  of  Right  appertaining ;  unto  you  the  faid  Frederick  Phil- 
'  ipfe,  for  and  during  Our  Pleafure.  In  Teftimony  whereof, 
'  We  have  caufed  thefe  our  Letters  to  be  made  Patent,  and 

*  the  Great  Seal  of  Our  faid  Province  of  New-York  to  be  here- 
'  unto  affixed.  Witnefs  Our  trufty  and  well  beloved  WIL- 
'  LI  AM  COSBY,  Efq;  Our  Captain  General  and  Governour 

*  in  Chief,  of  Our  Provinces  of  New- York,  New-Jersey,  and 

*  Territories  thereon  depending  in  America,  Vice  Admiral  of 
'  the  fame,  and  Colonel  in  Our  Army,  ^c,  at  Fort  George  in 
'  New-York,  the  Twenty-firfi  Day  of  Auguft,  in  the  Seventh 
'  Tear  of  Our  Reign,  Annoq;  Domini,  1733. 

Fred.  Morris,  D.  Secry. 

Tuefdayy  the  15M  o{  April,  1735. 

Mr.  Alexander  offered  the  above  Exceptions  to  the  Court, 
and  prayed  that  they  might  be  filed.  Upon  this  the  Chief 
Juftice  faid  to  Mr.  Alexander  and  Mr.  Smith,  That  they 
ought  well  to  confider  the  Confequences  of  what  they  offered; 
to  which  both  anfwered,  That  they  had  well  confidered  what 
they  offered,  and  all  the  Confequences.  And  Mr.  Smith 
added,  that  he  was  fo  well  fatisfied  of  the  Right  of  the  Sub- 
jeEl  to  take  an  Exception  to  the  Commiffion  of  a  Judge,  if  he 

thought  fuch  Commiffion  illegal,  that  he  durft  venture 

his  Life  upon  that  Point.    As  to  the  Validity  of  the  Excep- 


187 


JOHN  PETER  ZENGER 


tions  then  offered,  he  faid  he  took  that  to  be  a  Jecond  Point ; 
but  was  ready  to  argue  them  both,  if  their  Honours  were 
pleafed  to  hear  him.  To  which  the  Chief  Juftice  repHed, 
That  he  would  confider  the  Exceptions  in  the  Morning ; 
and  ordered  the  Clerk  to  bring  them  to  him. 

Wednejday  the  \6th  April,  1735. 

The  Chief  Juftice  delivered  one  of  the  Exceptions  to 
the  Clerk,  and  Juftice  Philipfe  the  other,  upon  which  Mr. 
Smith  arofe  and  afked  the  Judges,  whether  their  Honours 
would  hear  him  upon  thefe  two  points.*  ist.  That  the  Sub- 
je£l  has  a  Right  to  take  fuch  Exceptions,  if  they  judged  the  Com- 
mijjions  illegal,  idly.  'That  the  Exceptions  tendred  were  legal 
and  valid.  To  which  the  Chief  Juftice  faid,  that  they  would 
neither  hear  nor  allow  the  Exceptions;  for  (faid  he)  you 
thought  to  have  gained  a  great  Deal  of  Applaufe  and  Popu- 
larity by  oppoftng  this  Court,  as  you  did  the  Court  of  Exchequer; 
but  you  have  brought  it  to  that  Point,  That  either.  We  muft 
go  from  the  Bench,  or  you  from  the  Barr :  Therefore  We 
exclude  you  and  Mr.  Alexander /row  the  Barr  ;  and  delivered 
a  Paper  to  the  Clerk,  and  ordered  it  be  entered,  which 
the  Clerk  entered  accordingly,  and  returned  the  Paper  to 
the  Chief  Juftice  ;  after  which  the  Chief  Juftice  ordered  the 
Clerk  to  read  publickly  what  he  had  written  ;  an  attefted 
Copy  whereof  follows. 

At  a  Supream  Court  of  Judicature  held  for  the  Province 
of  New-York,  at  the  City  Hall  of  the  City  of  New- 
Tork,  on  Wednefday,  the  16/^  Day  of  April,  1735. 

PRESENT, 

The  Honourable  James  De  Lancey,  Efq;  Chief  Juftice. 
The  Honourable  Frederick  Philipfe,  Efq;  Second  Juftice. 

*  This  firjl  point  is  largely  treated  on,  in  the  Arguments  of  Van  Dam's 
Council,  in  fupport  of  their  Plea  to  the  Jurifdiction  oj  the  Supream  Court,  printed 
here  above  a  Tear  before  that,  from  Pag.  14  /s  35,  to  tuhich  no  Anfiver  has  as 

yet  appeared ;  nvhich  Argument,  contains  alfo  fome  Part  of  the  Arguments  necef- 

fary  to  fupport  the  id.  Point. 

188 


THE  CASE  AND  TRIAL 


'  James  Alexander,  EJq^  and  William  Smith,  Attornies  of 
'  this  Court,  having  prejumed  (notwithftanding  they  were 
'  forewarned  by  the  Court  of  their  DISPLEASURE  if 
'  they  fhould  do  it)  to  ftgn,  and  having  actually  Jigned,  and 
'  put  into  Court,  Exceptions,  in  the  Name  of  John  Peter  Zen- 
'  ger ;  thereby  denying  the  Legality  of  the  Judges  their  Com- 
'  miffions ;  tho'  in  the  ufual  Form,  and  the  being  of  this  Su- 
'  pream  Court.    //  is  therefore  ordered,  that  for  the  faid 

*  Contempt,  the  faid  James  Alexander,  and  William  Smith, 

*  be  excluded  from  any  farther  Practice  in  this  Court,  and  that 
'  their  Names  be  Jiruck  out  of  the  Roll  of  Attornies  of  this 
'  Court. 

per.  Cur  .       James  Lyne,  CI. 

After  the  Order  of  the  Court  was  read,  Mr.  Alexander 
afked  whether  it  was  the  Order  of  Mr.  Juftice  Philipfe  as 
well  as  of  the  Chief  Juftice  ?  To  which  both  anfwered,  that 
it  was  their  Order;  upon  which  Mr.  Alexander  added. 
That  it  was  proper  to  afk  that  Queftion,  That  they  might 
know  how  to  have  their  Relief.  He  farther  obferved  to  the 
Court,  upon  reading  of  the  Order,  That  they  were  mifta- 
ken  in  their  Wording  of  it,  becaufe  the  Exceptions  were 
only  to  their  Commiffions,  and  not  to  the  being  of  the  Court,  as  is 
therein  alledged  ;  and  prayed  that  the  Order  might  be  al- 
tered accordingly.  The  Chief  Juftice  faid,  they  conceived 
the  Exceptions  were  againft  the  Being  of  the  Court.  Both 
Mr.  Alexander  and  Mr.  Smith  denyed  that  they  were,  and 
prayed  the  Chief  Juftice  to  point  to  the  Place  that  con- 
tained fuch  Exception  ;  and  further  added ;  That  the  Court 
might  well  exift,  tho'  the  Commiffions  of  all  the  Judges 
were  void ;  which  the  Chief  Juftice  confeffed  to  be  true  : 
And  therefore  they  prayed  again  that  the  Order  in  that 
Point  might  be  altered  ;  but  it  was  denied. 

Then  Mr.  Alexander  deftred  to  know,  whether  they  over 
ruled  or  reje^ed  the  Exceptions ;  the  Chief  Juftice  faid,  he 
did  not  underftand  the  Difference  ;  to  which  faid  Alexander 
replied,  that  if  he  rejected  the  Exceptions,  then  they  could 

189 


JOHN  PETER  ZENGER 


not  appear  upon  the  Proceedings,  and  in  that  Cafe  the  De- 
fendaht  was  entitled  to  have  them  made  Part  of  the  Pro- 
ceedings, by  Bill  of  Exceptions  :  But  if  they  over  ruled  them, 
then  by  fo  doing,  they  only  declared  them  not  fufficient, 
to  hinder  them  from  proceeding  by  virtue  of  thofe  Com- 
miffions,  and  the  Exceptions  would  remain  as  Records  of 
the  Court,  and  ought  to  be  entered  on  the  Record  of  the 
Caufe  as  Part  of  the  Proceedings.  The  Chief  Juftice  faid, 
they  muft  remain  upon  the  File,  to  warrant  what  we  have 
done ;  as  to  being  Part  of  the  Record  of  the  Proceedings 
in  that  Caufe,  he  faid,  you  may  fpeak  to  that  Point  to  mor- 
row. 

Fry  day,  April  i%thy  1735. 

Mr.  Alexander  fignified  to  the  Court,  That  on  Wednejday 
laft  their  Honours  had  faid.  That  the  Council  for  Zenger 
might  fpeak  to  the  Point,  concerning  the  Rejecting  or  Over 
ruling  of  Zenger' s  Exceptions  on  the  Morrow  :  To  which 
the  Chief  Juillce  anfwered.  That  he  faid,  Tou  may  get  Come 
Per/on  to  fpeak  to  that  Point  on  the  Morrow  ^  not  meaning  that 
the  Jaid  Alexander  Jhould  Jpeak  to  it,  that  being  contrary  to  the 
Order,  Both  Mr.  Alexander  and  Mr.  Smith  faid,  they  un- 
derftood  it  otherwife. 

They  both  alfo  mentioned,  that  it  was  a  Doubt,  whether 
by  the  Words  of  the  Order  they  were  debarred  of  their 
Practice  as  Council,  as  well  as  Attornies,  whereas  they  prac- 
tifed  in  both  Capacities  ?  To  which  the  Chief  Juftice  an- 
fwered. That  the  Order  was  plain,  'That  James  Alexander, 
Eifq;  and  William  Smith,  were  debarred  and  excluded  from 
their  whole  PraElice  at  this  Barr,  and  that  the  Order  was  in- 
tended to  barr  their  a£ling  both  as  Council  and  as  Attornies,  and 
that  it  could  not  be  confirued  otherwife.  And  it  being  afked 
Mr.  Philipfe,  Whether  he  underftood  the  Order  fo  ;  He 
ansfwered,  that  he  did. 

Upon  this  Exclufion  of  my  Council  I  petitioned  the 
Court  to  order  Council  for  my  Defence,  who  thereon  ap- 
pointed fohn  Chambers,  Efq;  who  pleaded  Not  Guilty  for  me 

190 


THE  CASE  AND  TRIAL 


to  the  Information.  But  as  to  the  Point.  Whether  my  Excep- 
tions Jhould  be  part  of  the  Record  as  was  moved  by  my  former 
Council^  Mr.  Chambers  thought  not  proper  to  fpeak  to  it ; 
Mr.  Chambers  alfo  moved,  that  a  certain  Day  in  the  next 
Term,  might  be  appointed  for  my  Tryal,  and  for  a  Struck 
Jury ;  whereupon  my  Tryal  was  ordered  to  be  on  Munday, 
the  4/^  of  Augujiy  and  the  Court  would  confider  till  the 
firft  Day  of  next  Term,  whether  I  fhould  have  a  Struck 
Jury  or  not,  and  ordered  that  the  Sheriff  fhould  in  the 
mean  Time,  at  my  Charge,  return  the  Freeholders  Book. 

At  a  Supream  Court  of  Judicature  held  for  the  Prov- 
ince of  New-York,  before  The  Honourable  James 
De  Lanccy,  Efq;  Chief  Juftice  of  the  faid  Province  ; 
and  The  Honourable  Frederick  Philipfe^  Efq;  fecond 
Juftice  of  the  faid  Province. 

On  Tuesday  the  29/^  of  July^  1735.  The  Court  opened, 
and  on  Motion  of  Mr.  Chambers /or  a  Struck  Jury,  pursuant  to 
the  Rule  of  the  preceding  Term,  the  Court  were  of  Opinion  that 
I  was  entitled  to  have  a  Struck  Jury  ;  and  that  Evening  at 
five  of  the  Clock,  fome  of  my  Friends  attended  the  Clerk, 
for  ftriking  the  Jury;  when  to  their  Surprize,  the  Clerk  in- 
ftead  of  producing  the  Freeholders  Book,  to  Strike  the 
Jury  of  it  in  their  Prefence  as  usual,  he  produced  a  Lift  of 
48  Perfons,  who,  he  faid  he  had  taken  out  of  the  Freehold- 
ers Book  ;  my  Friends  told  him,  that  a  great  Number  of 
thefe  Perfons  were  not  Freeholders,  that  others  were  Per- 
fons holding  Commlffions  and  Offices  at  the  Governour's 
Pleafure,  that  others  were  of  the  late  difplaced  Magiftrates 
of  this  City,  who  muft  be  fuppofed  to  have  Refentment 
againft  me,  for  what  I  had  printed  concerning  them  ;  that 
others  were  the  Governour's  Baker,  Taylor  Shoemaker, 
Candlemaker,  Joiner,  ^c.  that  as  to  the  few  indifferent 
Men  that  were  upon  that  Lift,  they  had  Reafon  to  believe 
(as  they  had  heard)  that  Mr.  Attorney  had  a  Lift  of  them, 
to  ftrike  them  out  ;  and  therefore  requefted  that  he  would 
either  bring  the  Freeholders  Book,  and  chuse  out  of  it  48 


191 


JOHN  PETER  ZENGER 

unexceptionable  Men  in  their  Prefence,  as  ufual  or  elfe, 
that  he  would  hear  their  Objeftions  particularly  to  the  Lift  he 
offered,  and  that  he  would  put  impartial  Men  in  the  Place  of 
thofe  againft  whom  they  could  ftiew  juft  Objections.  Not- 
withftanding  this,  the  Clerk  refufed  to  ftrilce  the  Jury  out 
of  the  Freeholders  Book,  and  refufed  to  hear  any  Objec- 
tions to  the  Perfons  on  his  Lift ;  but  told  my  Friends,  if 
any  Objedlions  they  had  to  any  Perfons,  they  might  ftrike 
those  Perfons  out ;  to  which  they  anfwered,  there  would 
not  remain  a  Jury,  if  they  ftruck  out  all  the  exceptionable 
Men,  and  according  to  the  Cuftom,  they  had  only  a  Right 
to  ftrike  out  12. 

But  finding  no  Arguments  could  prevail  with  the  Clerk 
to  hear  their  Objedlions  to  his  Lift,  nor  to  ftrike  the  Jury 
as  ufual,  Mr,  Chambers  told  him,  he  muft  apply  to  the  Court, 
which  the  next  Morning  he  did,  and  the  Court  upon  his 
Motion  Ordered,  That  the  48  Jhould  be  ftruck  out  of  the  Free- 
holders Book  u,:  itfualy  in  the  prefence  of  the  Parties,  and  that 
the  Clerk  fhould  hear  Objections  to  Perfons  prop ojed  to  be  of 
the  48,  and  allow  of fuch  Exceptions  as  were  juft.  In  Purfuance 
of  that  Order,  a  Jury  was  that  Evening  ftruck,  to  the  Sat- 
isfaction of  both  Parties,  who  my  Friends  and  Council  in- 
fifted  on  no  Objedlions  but  want  of  Freeholders;  and  tho' 
they  did  not  infift,  that  Mr.  Attorney  General  (who  was 
aftifted  by  Mr.  Blagge,)  fhould  fhew  any  particular  Caufe, 
againft  any  Perfons  he  difliked,  but  acquielced  t\izX  any  per- 
fon  he  deftiked  ftiould  be  out  of  the  48. 

Before  James  De  Lancey,  Efq ;  Chief  Juftice  of  the  Pro- 
vince of  New-York,  and  Frederick  Philipfe,  fecond  Judge, 
came  on  my  Tryal,  on  the  fourth  Day  of  Auguft,  1735. 
upon  an  Information  for  printing  and  publiftiing  two  News 
Papers,  which  were  called  Libels  againft  our  Governour  and 
his  Adminiftration. 

The  Defendant  John  Peter  Zenger  being  called  ap- 
peared. 

And  the  Sherrif  returned  his  Venire  for  the  Tryal  of  the 
faid  Caufe. 


192 


THE  CASE  AND  TRIAL 


Mr.  Chambers,  of  Council  for  the  Defendant.  I  humbly 
move  Your  Honours,  that  we  may  have  Juftice  done  by 
the  Sherrif,  and  that  he  may  return  the  Names  of  the  Jurors 
in  the  fame  Order  as  they  were  ftruck. 

Chief  Juftice.    How  is  that?  Are  they  not  Jo  returned? 

Mr.  Ch.  No  they  are  not:  For  fome  of  the  Names  that 
were  laft  fet  down  in  the  Pannel,  are  now  placed  firft. 

Ch.  J.  Make  out  that^  and  you  fhall  le  righted. 

Mr.  Ch.  I  have  the  Copy  of  the  Pannel  in  my  Hand, 
as  the  Jurors  were  ftruck,  and  if  the  Clerk  will  produce  the 
Original  figned  by  Mr.  Attorney  and  my  felf.  Your  Hon- 
our will  fee  our  Complaint  is  juft. 

Ch.  J.  Clerky  is  it  Jo?  Look  upon  that  Copy\  is  it  a  true 
Copy  of  the  Pannel  as  it  was  ftruck  ? 

Clerk.  Yes,  I  believe  it  is. 

Ch.  J.  How  came  the  Names  of  the  Jurors  to  be  mifplaced 
in  the  Pannel  annexed  to  the  Venire  ? 

Sheriff.  I  have  returned  the  Jurors  in  the  fame  Order  in 
which  the  Clerk  gave  them  to  me. 

Ch.  J.  Let  the  Names  of  the  Jurors  be  ranged  in  the  Or- 
der they  were  ftruck,  agreeable  to  the  Copy  here  in  Court. 

Which  was  done  accordingly.  And  the  Jury,  whofe 
Names  were  as  follows,  were  called  and  fworn. 

Harmanus  Rutgers,  Samuel  Weaver,  Benjamin  Hildreth, 

Stanly  Holmes,         Andries  Marjchalk,  Abraham  Keteltas, 

Edward  Man,         Egbert  van  Borjom,  John  Goelet, 

John  Bell,  Thomas  Hunt, Form.  Hercules  Wendover. 

Mr.  Attorney  General  opened  the  Information,  which 
was  as  follows. 

Mr.  Attorney.  May  it  pleafe  Your  Honours,  and  you 
Gentlemen  of  the  Jury  ;  the  Information  now  before  the 
Court,  and  to  which  the  Defendant  Zenger  has  pleaded  Not 
Guilty,  \s  an  Information  for  printing  and  publiftiing  a  falfe, 
Jcandalous,  and  Jeditious  Libel,  in  which  his  Excellency  the 
Governour  of  this  Province,  who  is  the  King's  immediate 


193 


JOHN  PETER  ZENGER 


Reprefentative  here,  is  greatly  and  unjuftly  fcandalized,  as  a 
Perfon  that  has  no  Regard  to  Law  nor  Juftice  ;  with  much 
more,  as  will  appear  upon  reading  the  Information.  This 
of  Libelling  is  what  has  always  been  difcouraged  as  a  Thing 
that  tends  to  create  Differences  among  Men,  ill  Blood 
among  the  People,  and  oftentimes  great  Bloodfhed  between 
the  Party  Libelling  and  the  Party  Libelled.  There  can  be 
no  Doubt  but  you  Gentlemen  of  the  Jury  will  have  the 
fame  ill  opinion  of  fuch  practices,  as  the  judges  have  always 
fhewn  upon  fuch  Occafions :  But  I  fhall  fay  no  more  at 
this  Time,  untill  you  hear  the  Information,  which  is  as  fol- 
lows. 

*  New-York^  Supream  Court. 
*  of  the  Term  of  January^  in  the  Eighth  Year  of  the 
'  Reign  of  our  Sovereign  Lord  King  GEORGE  the 
'  fecond,  dsff. 

*  New-York^  Js.  *  T3  E  it  remembered,  That  Richard  Bradly^ 

'  -■-'Efq:  Attorney  General  of  Our  Sove- 

*  reign  Lord  the  King,  for  the  Province  of  New-York^  who  for 

*  Our  faid  Lord  the  King  in  this  Part  profecutes,  in  his  own 

*  proper  Perfon  comes  here  into  the  Court  of  our  faid  Lord 

*  the  King,  and  for  our  faid  Lord  the  King  gives  the  Court 

*  here  to  underftand  and  be  informed.  That  John  Peter  Zen- 

*  ger,  late  of  the  City  of  New-York^  Printer,  (being  a  fedi- 

*  tious  Perfon;  and  a  frequent  Printer  and  Publifher  of  falfe 
'  News  and  feditious  Libels,  and  wickedly  and  malicioufly 

*  devifing  the  Government  of  Our  faid  Lord  the  King  of  this 
'  His  Majefty's  Province  of  New-York^  under  the  Admin- 

*  iftration  of  His  Excellency  William  Cojby,  Efq  ;  Captain 
'  General  and  Governour,  in  Chief  of  the  faid  Province,  to 

*  traduce,  fcandalize  and  vilify,  and  His  Excellency  the  faid 
'  Governour,  and  the  Minifters  and  Officers  of  Our  faid 
'  Lord,  the  King  of  and  for  the  faid  Province  to  bring  into 
'  Sufpicion  and  the  ill  Opinion  of  the  Subjects  of  Our  faid 
'  Lord  the  King  refiding  within  the  Province)  the  Twenty 

*  eighth  Day  of  January^  in  the  feventh  Year  of  the  Reign 


194 


THE  CASE  AND  TRIAL 


'  of  Our  Sovereign  Lord  George  the  fecond,  by  the  Grace  of 

*  God  of  Great-Britain,  France  and  Ireland,  King  Defender 
'  of  the  Faith,  &c.  at  the  City  of  New-Tork,  did  faljly,  fedi- 
'  tioujly  and  Jcandaloujly  print  and  publifli,  and  caufe  to  be 
'  printed  and  publifhed,  a  certain  falfe,  maliciouSy  Jeditious 
'■  Jcandalous  Libel,  entitled  The  New-Tork  Weekly  Journal, 
'  containing  thefrejhejl  Advices,  foreign  and domejlick  ;  in  which 

*  Libel  (of  and  concerning  His  excellency  the  faid  Govern- 

*  our,  and  the  Minifters  and  Officers  of  Our  faid  Lord  the 
'  king,  of  and  for  the  faid  Province)  among  other  Things 
'  therein  contained  are  thefe  Words ;  "  7'our  Appearance  in 
"  Print  at  lajl,  gives  a  Pleafure  to  many,  tho'  moft  wifh 
"  you  had  come  fairly  into  the  open  Field,  and  not  ap- 
"  peared  behind  Retrenchments  made  of  the  fuppofed  Laws 
"  againft  Libelling,  and  of  what  other  Men  have  faid  and 
"  done  before ;  thefe  Retrenchments,  Gentlemen,  may  foon 
"  be  fhewn  to  you  and  all  Men  to  be  weak,  and  to  have 
"  neither  Law  nor  Reafon  for  their  Foundation,  fo  cannot 
'*  long  ftand  you  in  ftead :  Therefore,  you  had  much  better 
"  as  yet  leave  them,  and  come  to  what  the  People  of  this  City 
"  and  Province  (the  City  and  Province  of  New-Tork  mean- 
"  ing)  think  are  the  Points  in  Queftion  (to  witt)  They  (the 
"  People  of  the  Ctiy  and  Province  of  New-Tork  meaning) 
"think  as  Matters  nowjland,  that  their  LIBERTIES  and 
"  PROPERTIES  are  precarious, and  that  SLAVERY  is  like 
"  to  be  intailed  on  them  and  their  Pojlerity,  if  Jome  paft 
"  'Things  he  not  amended,  and  this  they  colleB  from  many  paji 
"  Proceedings'  (Meaning  many  of  the  paft  Proceedings  of 
'  of  His  Excellency  the  faid  Governour,  and  of  the  Minif- 
'  ters  and  Officers  of  our  faid  Lord  the  King,  of  and  for  the 
'  faid  Province.)  And  faid  the  Attorney  General  of  Our 
'  faid  Lord  the  King,  for  Our  faid  Lord  the  King,  like- 
'  wife  gives  the  Court  here  to  underftand  and  be  informed, 
'  that  the  faid  John  Peter  Zenger  afterwards  {to  wit)  the 
'  eighth  Day  of  April,  in  the  feventh  Year  of  the  Reign  of 
'  Our  faid  Lord  the  King,  at  the  City  of  New  Tork  afore- 

*  faid,  did  faJly,feditiouJly  and  Jcandaloujly  print  and  publifti. 


195 


JOHN  PETER  ZENGER 


'  and  caufe  to  be  printed  and  publifhed,  another  falfe  mali- 
'  cious  Jeditious  and  Jcandalous  Libel,  entituled,  the  New-Tork 

*  Weekly  Journal ^  containing  the  frejheft  Advices^  foreign  and 

*  domeftic.  In  which  Libel,  (of  and  concerning  the  Govern- 
'  ment  of  the  faid  Province  of  New-Tork.,  and  of  and  con- 
'  cerning  His  Excellency  the  faid  Governour,  and  the  Min- 

*  ifters  and  Officers  of  Our  faid  Lord  the  King,  of  and  for 
'  the  faid  Province)  among  other  Things  therein  contained, 

*  are  thefe  Words  "  One  of  our  Neighbours  (one  of  the  In- 
"  habitants  of  New-Jersey  meaning)  being  in  Company.,  ob- 
^'ferving  the  Strangers  (fome  of  the  Inhabitants  of  New- 
-Tork meaning) of  Complaints,  endeavoured  to  per/wade 
"  them  to  remove  into  Jerfey  ;  to  which  it  was  replied,  that 
"  would  be  leaping  out  of  the  Frying  Pan  into  the  Fire ;  for, 
"fays  he,  we  both  are  under  the  fame  Governour  (His  Ex- 
"  cellency  the  faid  Governour  meaning)  and  your  AJfembly 
"  have  ^lewn  with  a  Witnejs  what  is  to  be  expelled  from  them; 
"  one  that  was  then  moving  to  Penfilvania,  (meaning  one 
"  that  was  then  removing  from  New-Tork,  with  intent  to 
"  refide  af  Penfilvanid)  to  which  Place  it  is  reported  Jeveral 
"  conftderable  Men  are  removing  (from  New-Tork  meaning) 
"  exprejfed  in  T erms  very  moving,  much  Concern  for  the  Cir- 
"  cumfiances  of  New-York  (the  bad  Circumftances  of  the 
"  Province  and  People  of  New-Tork  meaning)  Jeemed  to 
"  think  them  very  much  owing  to  the  Influence  that  fome  Men 
"  (whom  he  called  Tools)  had  in  the  Adminiflration  (meaning 
"  the  Adminiflration  of  Government  of  the  faid  Province 
"  of  New-Tork)  faid  he  was  now  going  from  them,  and  was 
"  not  to  be  hurt  by  any  Meajures  they  fhould  take,  but  could 
"  not  help  having  fome  Concern  for  the  W elf  are  of  his  Coun- 
"  try-Men,  andfhould  be  glad  to  hear  that  the  AJfembly  (mean- 
"  ing  the  General  Alfembly  of  the  Province  of  New-Tork) 
"  would  exert  themf elves  as  became  them,  by  fhewing  that  they 
"  have  the  Interejl  of  their  Country  more  at  Heart,  than  the 
"  Gratification  of  any  private  View  of  any  of  their  Members, 
"  or  being  at  all  affe£led,  by  the  Smiles  or  Frowns  of  a  Gov- 
"  ernour,  (His  Excellency  the  faid  Governour  meaning) 

ig6 


THE  CASE  AND  TRIAL 


"  both  which  ought  equally  to  be  dejpijed,  when  the  Interejl  of 
"  their  Country  is  at  ftake.  Tou  Jays  he,  complain  of  the  Law- 
"yers,  but  I  think  the  Law  it  Jelf  is  at  an  End,  WE  (the 
"  People  of  the  Province  of  New-Tork  meaning)  SEE 
"  MENS  DEEDS  DESTROYED,  JUDGES  ARBI- 
"  TRARILY  DISPLACED,  NEW  COURTS  ERECT- 
«ED  WITHOUT  CONSENT  OF  THE  LEGISLA- 
"TURE  (within  the  Province  of  New-Tork  meaning)  BY 
"WHICH  IT  SEEMS  TO  ME,  TRIALS  BY  JU- 
«  RIES  ARE  TAKEN  AWAY  WHEN  A  GOVERN- 
«  OUR  PLEASES  (His  Excellency  the  faid  Governour 
«  meaning)  MEN  OF  KNOWN  ESTATES  DENYED 
"  THEIR  VOTES,  CONTRARY  TO  THE  RE- 
"CEIVED  PRACTICE,  THE  BEST  EXPOSITOR 
"  OF  ANY  LAW :  Who  is  then  in  that  Province  (meaning 
"  the  Province  of  New-Tork,)  that  call  (can  call  meaning) 
"  any  Thing  his  own,  or  enjoy  any  Libery  (Liberty  meaning) 
"  longer  than  thoje  in  the  Adminifiration  (meaning  the  Ad- 
"miniftration  of  Government  of  the  faid  Province  of  New- 
"  Tork)  will  condejcend  to  let  them  do  it,  for  which  Reajon  I 
"  have  left  it,  (the  Province  of  New-Tork  meaning)  as  I  be- 
"  lieve  more  will!    To  the  great  Difturbance  of  the  Peace 

*  of  the  faid  Province  of  New-Tork,  to  the  Great  Scandal 
'of  Our  faid  Lord  the  King,  of  His  Exceellency  the  faid 

*  Governour,  and  of  all  others  concerned  in  the  Adminiflra- 
*tion  of  the  Government  of  the  faid  Province,  and  againft 

*  the  Peace  of  Our  Sovereign  Lord  the  King  His  Crown 
*and  Dignity,  i^c.  Whereupon  the  faid  Attorney  General 

*  of  Our  faid  Lord  the  King,  for  Our  faid  Lord  the  King, 
'  prays  the  Advifement  of  the  Court  here,  in  the  Premifes, 

*  and  the  due  Procefs  of  the  Law,  againft  him  the  faid  "John 

*  Peter  Zenger,  in  this  Part  to  be  done,  to  anfwer  to  Our 

*  faid  Lord  the  King  of  and  in  the  Premifes,  &c. 

*  R.  Bradley,  Attorney  General. 

To  this  Information  the  Defendant  has  pleaded  Not 
Guilty,  and  we  are  ready  to  prove  it. 

197 


JOHN  PETER  ZENGER 


Mr.  Chambers  has  not  been  pleafed  to  favour  me  with  his 
Notes,  Jo  I  cannot,  for  Fear  of  doing  him  Injujlice,  pre- 
tend to  Jet  down  his  Argument ;  But  here  Mr.  Chambers 
Jet  forth  very  clearly  the  Nature  of  a  Libel,  the  great  Al- 
lowances that  ought  to  be  made  for  what  Men  fpeak  or 
write,  'That  in  all  Libels  there  mufi  be  Jome  particular 
Perjons  Jo  clearly  pointed  out,  that  no  Doubt  mufi  remain 
about  who  is  meant ;  That  he  was  in  hopes  Mr.  Attorney 
would  fail  in  his  Proof,  as  to  this  Point ;  and  therefore 
defired  that  he  would  go  on  to  examine  his  Witnejfes. 

Then  Mr.  Hamilton,  who  at  the  Requeft  of  fome  of  my 
'  Friends,  was  fo  kind  as  to  come  from  Philadelphia  to  aflift 
me  on  the  Tryal,  fpoke. 

Mr.  Hamilton.  May  it  pleafe  your  Honour ;  I  am  con- 
cerned in  this  Caufe  on  the  Part  of  Mr.  Zenger  the  De- 
fendant. The  Information  againft  my  Client  was  fent  me, 
a  few  Days  before  I  left  Home,  with  fome  Inftrudions  to 
let  me  know  how  far  I  might  rely  upon  the  Truth  of  thofe 
Parts  of  the  Papers  fet  forth  in  the  Information,  and  which  are 
faid  to  be  libellous.  And  tho'  I  am  perfectly  of  the  Opinion 
with  the  Gentleman  who  has  juft  now  fpoke,  on  the  fame 
Side  with  me,  as  to  the  common  Courfe  of  Proceedings,  I 
mean  in  putting  Mr.  Attorney  upon  proving,  that  my  Cli- 
ent printed  and  publiflied  thofe  Papers  mentioned  in  the 
Information;  yet  I  cannot  think  it  proper  for  me  (without 
doing  Violence  to  my  own  Principles)  to  deny  the  Publi- 
cation of  a  Complaint,  which  I  think  is  the  Right  of  every 
free-born  Subject  to  make,  when  the  Matters  fo  publifhed 
can  be  fupported  with  Truth;  and  therefore  I'll  fave  Mr. 
Attorney  the  Trouble  of  Examining  his  Witnefles  to  that 
Point;  and  I  do  (for  my  Client)  confefs,  that  he  both  printed 
and  publifhed  the  two  News  Papers  fet  forth  in  the  Infor- 
mation, and  I  hope  in  fo  doing  he  has  committed  no  Crime. 

Mr.  Attorney.  Then  if  Your  Honour  pleafes,  fince  Mr. 
Hamilton  has  confefled  the  Fad,  I  think  our  Witnefles  may 
be  difcharged  ;  we  have  no  further  Occafion  for  them. 

198 


THE  CASE  AND  TRIAL 


Mr.  Hamilton.  If  you  brought  them  here,  only  to  prove 
the  Printing  and  Publifhing  of  thefe  News  Papers,  we  have 
acknowledged  that,  and  Ihall  abide  by  it. 

Here  my  Journeyman  and  two  Sons  {with  Jeveral  others 
Jubpoenad  by  Mr.  Attorney^  to  give  Evidence  againjl 
me)  were  discharged,  and  there  was  Silence  in  the  Court 
for  Jome  'Time. 

Mr.  Chief  juftice.  Well  Mr,  Attorney,  will  you  proceed? 

Mr.  Attorney.  Indeed  Sir,  as  Mr.  Hamilton  has  con- 
felTed  the  Printing  and  Publifhing  thefe  Libels,  I  think  the 
Jury  muft  find  a  Verdi6t  for  the  King  ;  for  fuppofing  they 
were  true,  the  Law  fays  that  they  are  not  the  lefs  libellous 
for  that ;  nay  indeed  the  Law  fays,  their  being  true  is  an 
Aggravation  of  the  Crime. 

Mr.  Hamilton.  Not  fo  neither,  Mr.  Attorney,  there  are 
two  Words  to  that  Bargain,  I  hope  it  is  not  our  bare 
Printing  and  Publifhing  a  Paper,  that  will  make  it  a  Libel : 
You  will  have  fomething  more  to  do,  before  you  make  my 
Client  a  Libeller ;  for  the  Words  themfelves  mufl  be  libel- 
lous, that  \Syfalfe,JcandalouSy  and  feditious  or  elfe  we  are  not 
guilty. 

As  Mr.  Attorney  has  not  been  pleajed  to  favour  us  with 
his  Argument,  which  he  read,  or  with  the  Notes  of  it, 
we  cannot  take  upon  us  to  fet  down  his  Words,  but  only 
to  /hew  the  Book  Cafes  he  cited,  and  the  general  Scope  of 
his  Argument,  which  he  drew  from  thofe  Authorities. 
He  obferved  upon  the  Excellency,  as  well  as  Ufe  of  Gov- 
ernment, and  the  great  Regard  and  Reverence,  which  had 
been  conftantly  paid  to  it,  both  under  the  Law  and  Gofpel. 
That  by  Government  we  were  protected  in  our  LiveSy 
Religion  and  Properties  ;  and  that  for  thefe  Reafons, 
great  Care  had  always  been  taken  to  prevent  every  Thing 
that  might  tend  to  fcandalize  Magifirates,  and  others 
concerned  in  the  Adminijlration  of  the  Government,  efpeci- 
ally  the  fupream  Magi  Urate.    And  that  there  were  many 


199 


JOHN  PETER  ZENGER 


Injlances  of  very  Jevere  Judgments,  and  of  Punifhments 
inflicted  upon  Juch,  as  had  attempted  to  bring  the  Gov- 
ernment into  Contempt ;  by  publifhingfalje  and fcurrilous 
Libels  againji  it,  or  by  /peaking  evil  and  fcandalous 
Words  of  Men  in  Authority;  to  the  great  Difiurbance 
of  the  publick  Peace.  And  to  Jupport  this,  he  cited  5 
Coke  121.  (fuppofe  it  fhould  be  125.)  Wood's  In- 
ftit.  430.  1  Lilly  168.  I  Hawkins  73.  11.  6.  From 
thefe  Books  he  infifted,  that  a  Libel  was  a  malicious  De- 
famation of  any  Per/on,  exprejfed  either  in  Printing  or 
W riting.  Signs  or  Pictures,  to  afperje  the  Reputation  of 
one  that  is  alive,  or  the  Memory  of  one  that  is  dead ;  if 
he  is  a  private  Man,  the  Libeller  deferves  a  Jevere 
Punifhment,  but  if  it  is  againji  a  Magijlrate  or  other  pub- 
lick  Person,  it  is  a  greater  Offence ;  for  this  concerns  not 
only  the  Breach  of  the  Peace,  but  the  Scandal  of  the  Gov- 
ernment ;  for  what  greater  Scandal  of  Government  can 
there  be,  than  to  have  corrupt  or  wicked  Magijlrates  to 
be  appointed  by  the  King,  to  govern  his  Subjects  under 
him  ?  And  a  greater  Imputation  to  the  State  cannot  be, 
than  to  Juffer  Juch  corrupt  Men  to  fit  in  the  Jacred  Seat 
of  JuJlice,  or  to  have  any  Medling  in,  or  concerning  the 
Adminijlration  of  Justice:  And  from  the  fame  Books 
Mr.  Attorney  injijled,  that  whether  the  Person  dejamed 
is  a  private  Man  or  a  Magijlrate,  whether  living  or 
Dead,  whether  the  Libel  is  true  or  Jalje,  or  if  the  Party 
againji  whom  it  is  made  is  of  good  or  evil  Fame,  it  is 
neverthelejs  a  Libel:  For  in  a  Jettled  State  of  Govern- 
ment, the  Party  grieved  ought  to  complain  for  every  in- 
jury done  him,  in  the  ordinary  Courje  of  the  Law.  And 
as  to  its  Publication,  the  Law  had  taken  Jo  great  Care  of 
Mens  Reputations,  that  if  one  malicioufly  repeats  it,  or 
Jings  it  in  the  Prefence  of  an  other,  or  delivers  the 
Libel  or  a  Copy  of  it  over,  to  Jcandalize  the  Party,  he  is 
to  be  punifhed  as  a  Publijher  of  a  Libel.  He  Jaid  it  was 
likewije  evident,  that  Libelling  was  an  Offence  againji  the 
Law  of  God.    A£l.  XXIIL  5.    Then  faid  Paul,  I 


200 


THE  CASE  AND  TRIAL 

will  not  Brethren,  that  he  was  the  High  Prieft :  For 
it  is  written,  thou  fhalt  not  fpeak  evil  of  the  Ruler 
of  the  People.  i  Pet.  X.  ii.  Defpife  Government, 
prefumptuous  are  they,  felf  willed,  they  are  not  afraid 
to  fpeak  evil  of  Dignities,  i^c.  He  then  inftfied  that 
it  was  clear ^  both  by  the  Law  God  and  Man,  ^hat  it 
was  a  very  great  Offence  to  /peak  evil  of,  or  to  revile 
thoje  in  Authority  over  us  ;  and  that  Mr.  Zenger  had 
offended  in  a  moft  notorious  and  grojs  Manner,  in  Jcandal- 
izing  His  Excellency  our  Governour,  who  is  the  Kings 
immediate  Reprejentative,  and  the  Supream  Magijlrate 
of  this  Province  :  For  can  there  be  any  "Thing  more  fcan- 
dalous  faid  of  a  Governour,  than  what  is  publijhed  in 
thofe  Papers?  Nay,  not  only  the  Governour,  but  both 
the  Council  and  Affembly  are  fcandalized ;  for  there  it  is 
plainly  Jaid,  That  as  Matters  now  ftand,  their  Liberties 
and  Properties  are  precarious,  and  that  Slavery  is  like 
to  be  entailed  on  them  and  their  Pofterity.  And  then 
again  Mr.  Zenger  fays.  The  Affembly  ought  to  de- 
fpife the  Smiles  or  Frowns  of  a  Governour  ;  That  he 
thinks  the  Law  is  at  an  ( End;  That  we  fee  Mens 
Deeds  destroyed.  Judges  arbitrarily  difplaced,  new 
Courts  erected,  without  Confent  of  the  Legiflature ; 
And  That  it  feems  Tryals  by  Juries  are  taken  away 
when  a  Governour  pleafes ;  That  none  can  call  any 
Thing  their  own,  longer  than  thofe  in  the  Adminis- 
tration will  condefcend  to  let  them  do  it.  

 And  Mr.  Attorney  added, 

that  Jie  did  not  know  what  could  be  faid  in  Defence  of  a 
Man,  that  had  fo  notorioufy  fcandalized  the  Governour 
and  principal  Magijlrates  and  Officers  of  the  Govern- 
ment, by  charging  them  with  depriving  the  People  of  their 
Rights  and  Liberties,  and  taking  away  Tryals  by  Juries, 

and  in  fhort,  putting  an  End  to  the  Law  itfelf.  

If  this  was  not  a  Libel,  he  faid,  he  did  not  know  what 
was  one.  Such  Perfons  as  will  take  thofe  Liberties  with 
Governours  and  Magijlrates,  he  thought  ought  to  fuf- 

20I 


JOHN  PETER  ZENGER 

fer  for  Jlirring  up  Sedition  and  Dijcontent  among  the 
People.  And  concluded  by  faying^  that  the  Government 
had  been  very  much  traduced  and  expojed  by  Mr.  Ze  ti- 
ger, before  he  was  taken  Notice  of ;  that  at  lajl  it  was 
the  Opinion  of  the  Governour  and  Council,  that  he  ought 
not  to  be  Juffered  to  go  on,  to  dijiurb  the  Peace  of  the 
Government',  by  pub  lijhingjuch  Libels  againjl  the  Gov- 
ernour, and  the  chief  Perfons  in  the  Government ;  And 
therefore  they  had  directed  this  Profecution,  to  put  a 
Stop  to  this  fcandalous  and  wicked  Practice,  of  libelling 
and  defaming  His  Majeftys  Government  and  dijlurbing 
his  Majejly  s  Peace. 

Mr.  Chambers  then  fum'd  up  to  the  Jury,  obferving  with  great 
Strength  of  Reqfon  on  Mr.  Attorney's  defe£l  of  Proof,  that 
the  Papers  in  the  Information  were  Falfe,  Malicious  or  Se- 
ditious, which  was  incumbent  on  him  to  prove  to  the  Jury, 
and  without  which  they  could  not  on  their  Oaths  Jay,  That 
they  were  fo,  as  charged. 

Mr.  Hamilton.  May  it  pleafe  Your  Honour ;  I  agree 
with  Mr.  Attorney,  that  Government  is  a  facred  Thing,  but 
I  differ  very  widely  from  him  when  he  would  infinuate,  that 
the  juft  Complaints  of  a  Number  of  Men,  who  fuffer  under 
a  bad  Adminiftration.  is  libelling  that  Adminiftration. 
Had  I  believed  that  to  be  Law,  I  fhould  not  have 
given  the  Court  the  Trouble  of  hearing  any  Tiling 
that  I  could  fay  in  this  Caufe.  I  own,  when  I  read 
the  Information,  I  had  not  the  Art  to  find  out  (without  the 
Help  of  Mr.  Attorney's  Innuendo  s)  that  the  Governor  was 
the  Perfon  meant  in  every  Period  of  that  News  Paper  ;  and 
I  was  inclined  to  believe,  that  they  were  wrote  by  fome,  who 
from  an  extraordinary  Zeal  for  Liberty,  had  mifconftrued 
the  Condud:  of  fome  Perfons  in  Authority  into  Crimes  ;  and 
that  Mr.  Attorney  out  of  his  too  great  Zeal  for  Power,  had 
exhibited  this  Information,  to  corredt  the  Indifcretion  of  my 
Client ;  and  at  the  fame  Time,  to  fhew  his  Superiors  the  great 
Concern  he  had,  left  they  ftiould  be  treated  with  any  undue 

202 


THE  CASE  AND  TRIAL 


Freedom.  But  from  what  Mr.  Attorney  has  juft  now  faid, 
to  wity  That  this  Profecution  was  directed  by  the  Gover- 
nor and  Council,  and  from  the  Extraordinary  Appearance 
of  People  of  all  Conditions,  which  I  obferve  in  Court  upon 
this  Occafion,  I  have  Reafon  to  think,  that  thofe  in  the  Ad- 
miniftration  have  by  this  Profecution  fomething  more  in 
View,  and  that  the  People  believe  they  have  a  good  deal 
more  at  ftake,  than  I  apprehended :  And  therefore,  as  it  is 
become  my  Duty,  to  be  both  plain  and  particular  in  this 
Caufe,  I  beg  Leave  to  befpeak  the  Patience  of  the  Court. 

I  was  in  hopes,  as  that  terrible  Court,  where  thofe  dread- 
ful Judgments  were  given,  and  that  Law  eftablifhed,  which 
Mr.  Attorney  has  produced  for  Authorities  to  fupport  this 
Caufe,  was  long  ago  laid  afide,  as  the  moft  dangerous  Court 
to  the  Liberties  of  the  People  of  England,  that  ever  was 
known  in  that  Kingdom  ;  that  Mr.  Attorney  knowing  this, 
would  not  have  attempted  to  fet  up  a  Star-Chamber  here, 
nor  to  make  their  Judgments  a  Precedent  to  us  :  For  it  is 
well  known,  that  what  would  have  been  judg'd  Treafon  in 
thofe  Days  for  a  Man  to  fpeak,  I  think,  has  fince  not  only 
been  practiced  as  lawful,  but  the  contrary  Dodlrine  has  been 
held  to  be  Law. 

In  Brewjiers  Cafe,  for  Printing,  That  the  SubjeSls  might 
defend  their  Rights  and  Liberties  by  Arms,  in  cafe  the  King 
Jhould  go  about  to  deftroy  them,  he  was  told  by  the  Chief  Juf- 
tice  that  it  was  a  great  Mercy,  he  was  not  proceeded  againft 
for  his  Life  ;  for  that  to  fay,  the  King  could  be  refifted  by 
Arms  in  any  Cafe  whatfoever,  was  exprefs  Treafon.  And  yet 
we  fee  fince  that  Time,  Dr.  Sacheverell  was  fentenced  in  the 
higheft  Court  in  Great  Britain,  for  faying,  That  Juch  a  Re- 
fifiance  was  not  lawful.  Befides,  as  Times  have  made  very 
great  Changes  in  the  Laws  of  England,  fo  in  my  Opinion 
there  is  good  Reafon  that  Places  fhould  do  fo  too. 

Is  it  not  furprizing  to  fee  a  Subject,  upon  his  receiving  a 
CommifTion  from  the  King  to  be  a  Governor  of  a  Colony 
in  America,  immediately  imagining  himfelf  to  be  veiled  with 
all  the  Prerogatives  belonging  to  the  facred  Perfon  of  his 


203 


JOHN  PETER  ZENGER 


Prince  ?  And  which  is  yet  more  aftonifhlng,  to  fee  that  a 
People  can  be  fo  wild  as  to  allow  of  and  acknowledge  thofe 
Prerogatives  and  Exemptions,  even  to  their  own  Deftrudion? 
Is  it  fo  hard  a  Matter  to  diftinguifh  between  the  Majefty  of 
our  Sovereign,  and  the  Power  of  a  Governor  of  the  Planta- 
tions ?  Is  not  this  making  very  free  with  our  Prince,  to  ap- 
ply that  Regard,  Obedience  and  Allegiance  to  a  Subjed:, 
which  is  due  only  to  Our  Sovereign  ?  And  yet  in  all  the 
Cafes  which  Mr.  Attorney  has  cited,  to  fhew  the  Duty  and 
Obedience  we  owe  to  the  Supreme  Magiftrate,  it  is  the  King 
that  is  there  meant  and  underftood,  tho'  Mr.  Attorney  is 
pleafed  to  urge  them  as  Authorities  to  prove  the  Heinouf- 
nefs  of  Mr.  Zenger's  Offence  againft  the  Governor  of  New- 
Tork.  The  feveral  Plantations  are  compared  to  fo  many 
large  Corporations,  and  perhaps  not  improperly ;  and  can  any 
one  give  an  inftance,  that  the  Mayor  or  Head  of  a  Corpor- 
ation, ever  put  in  a  Claim  to  the  facred  Rights  of  Majefty  ? 
Let  us  not  (while  we  are  pretending  to  pay  a  great  Regard  to 
our  Prince  and  His  Peace)  make  bold  to  transfer  that  Al- 
legiance to  a  Subjedt,  which  we  owe  to  our  King  only.  What 
ftrange  Do6trine  is  it,  to  prefs  every  Thing  for  Law  here 
which  is  fo  in  England?   I  Believe  we  fhould  not  think  it  a 

Favour,  at  prefent  at  leaft,  to  eftablifli  this 
*C.jInJi.  i40.Pra6lice.    In  England  fo  great  a  Regard  and 

Reverence  is  had  to  the  Judges,  *  that  if  any 
Man  ftrikes  another  in  JVeJlminJler  Hall,  while  the  Judges 
are  fitting,  he  fhall  lofe  his  Right  Hand,  and  forfeit  his  Land 
and  Goods,  for  fo  doing.  And  tho'  the  Judges  here  claim 
all  the  Powers  and  Authorities  within  this  Government,  that 
a  Court  of  King's  Bench  has  in  England,  yet  I  believe  Mr. 
Attorney  will  fcarcely  fay,  that  fuch  a  Puniftiment  could  be 
legally  inflided  on  a  Man  for  committing  fuch  an  Offence, 
in  the  Prefence  of  the  Judges  fitting  in  any  Court  within  the 
Province  of  New-Tork.  The  Reafon  is  obvious ;  a  Quarrel 
or  Riot  in  New-Tork,  cannot  pofTibly  be  attended  with  thofe 
dangerous  Confequences  that  it  might  in  Wejlminjler  Hall; 
nor  (I  hope)  will  it  be  alledged,  that  any  Mifbehaviour  to  a 

204 


THE  CASE  AND  TRIAL 


Governor  in  the  Plantations  will,  or  ought  to  be,  judged  of 
or  punifhed,  as  a  like  Undutifulnefs  would  be,  to  Our  Sov- 
ereign. From  all  which,  I  hope  Mr.  Atttorney  will  not 
think  it  proper  to  apply  his  Law-Cafes  (to  fupport  the 
Caufe  of  his  Governor)  which  have  only  been  judged,  where 
the  King's  Safety  or  Honour  was  concerned.  It  will  not  be 
denied  but  that  a  Freeholder  in  the  Province  of  New-York, 
has  as  good  a  Right  to  the  fole  and  feparate  Ufe  of  his 
Lands,  as  a  Freeholder  in  who  has  a  Right  to  bring 

an  Action  of  Trefpafs  againft  his  Neighbour,  for  fuffering 
his  Horfe  or  Cow  to  come  and  feed  upon  his  Land,  or  eat 
his  Corn,  whether  inclofed  or  not  inclufed ;  and  yet  I  be- 
lieve it  would  be  looked  upon  as  a  ftrange  Attempt,  for  one 
Man  here,  to  bring  an  Aftion  againft  another,  whofe  Cat- 
tle and  Horfes  feed  upon  his  Grounds  not  inclofed,  or  in- 
deed for  eating  and  treading  down  his  Corn,  if  that  were  not 
inclofed.  Numberlefs  are  the  Inftances  of  this  Kind  that 
might  be  given,  to  fhew,  that  what  is  good  Law  at  one  Time 
and  in  one  Place,  is  not  fo  at  another  Time  and  in  another 
Place ;  fo  that  I  think,  the  Law  feems  to  expedl,  that  in 
thefe  Parts  of  the  World  Men  fhould  take  Care,  by  a  good 
Fence,  to  preferve  their  Property,  from  the  Injury  of  un- 
ruly Beafts.  And  perhaps  there  may  be  a  good  Reafon  why 
Men  fhould  take  the  same  Care,  to  make  an  honeft  and  up- 
right Condu6t  a  Fence  and  Security  againft  the  Injury  of 
unruly  Tongues. 

Mr.  Attorney.  I  don't  know  what  the  Gentleman  means, 
by  comparing  Cafes  of  Freeholders  in  England  with  Free- 
holders here.  What  has  this  Cafe  to  do  with  Adlions  of 
Trefpafs,  or  Men's  Fencing  their  Ground  ?  The  Cafe  before 
the  Court  is,  whether  Mr.  Zenger  is  guilty  of  Libelling  His 
Excellency  the  Governor  of  New-T'ork,  and  indeed  the  whole 
Adminiftration  of  the  Government  ?  Mr.  Hamilton,  has 
confefTed  the  Printing  and  Publiftiing,  and  I  think  nothing 
is  plainer,  than  that  the  Words  in  the  Information  are  fcan- 
dalous,  and  tend  to  /edition,  and  to  dijquiet  the  Minds  of  the 
People  of  this  Province.    And  if  fuch  Papers  are  not  Libels, 


205 


JOHN  PETER  ZENGER 


I  think  it  may  be  faid,  there  can  be  no  fuch  Thing  as  a 
Libel. 

Mr.  Hamilton.  May  it  pleafe  Your  Honour  ;  I  cannot 
agree  with  Mr.  Attorney :  For  tho'  I  freely  acknowledge, 
that  there  are  fuch  Things  as  Libels,  yet  I  muft  infift  at  the 
fame  Time,  that  what  my  Client  is  charged  with,  is 
not  a  Libel  ;  and  I  obferved  juft  now,  that  Mr.  Attor- 
ney in  defining  a  Libel,  made  ufe  of  the  "Words, 
dalous,Jeditious,  and  tend  to  dijquiet  the  People;  but  (whether 
with  Defign  or  not  I  will  not  fay)  he  omitted  the  Word 
falje. 

Mr.  Attorney.  I  think  I  did  not  omit  the  Word  falje : 
But  it  has  been  laid  already,  that  it  may  be  a  Libel,  notwith- 
ftanding  it  may  be  true. 

Mr.  Hamilton.  In  this  I  mull  ftill  differ  with  Mr.  At- 
torney ;  for  I  depend  upon  it,  we  are  to  be  tried  upon  this 
Information  now  before  the  Court  and  Jury,  and  to  which 
we  have  pleaded  Not  Guilty.,  and  by  it  we  are  charged  with 
Printing  and  publifhing  ^3  <:i?r/<z/«  falfe,malicious, /editions and 
Jcandalous  Libel.  This  Word  falfe  muft  have  fome  Mean- 
ing, or  elfe  how  came  it  there  ?  I  hope  Mr.  Attorney  will 
not  fay,  he  putit  there  by  Chance,  and  I  am  of  Opinion  his 
Information  would  not  be  good  without  it.  But  to  fhew  that  it 
is  the  principal  Thing  which,  in  my  Opinion,  makes  a  Libel, 
I  put  the  Cafe,  the  Information  had  been  for  printing  and 
publilhing  a  certain  true  Libel,  would  that  be  the  fame 
Thing  ?  Or  could  Mr.  Attorney  fupport  fuch  an  Informa- 
tion by  any  Precedent  in  the  Englijh  Law  ?  No,  the  Fallhood 
makes  the  Scandal,  and  both  make  the  Libel.  And  to  Ihew 
the  Court  that  I  am  in  good  Earneft,  and  to  fave  the  Court's 
Time,  and  Mr.  Attorney's  Trouble,  I  will  agree,  that  if  he 
can  prove  the  Facts  charged  upon  us,  to  be  falfe,  I'll  own 
them  to  be  Jcandalous,  /editions  and  a  Libel.  So  the  Work 
feems  now  to  be  pretty  much  Ihortned,  and  Mr.  Attorney 
has  now  only  to  prove  the  Words  false,  in  order  to  make 
us  Guilty, 

Mr.  Attorney.    We  have  nothing  to  prove ;  you  have 

206 


THE  CASE  AND  TRIAL 


confefTed  the  Printing  and  Pubiifhing  ;  but  if  it  was  necef- 
fary  (as  I  infift  it  is  not)  how  can  we  prove  a  Negative  ?  But 
I  hope  fome  Regard  will  be  had  to  the  Authorities  that  have 
been  produced,  and  that  fuppofing  all  the  Words  to  be  true, 
yet  that  will  not  help  them,  that  Chief  Juftice  Holt  in  his 
Charge  to  the  Jury,  in  the  Cafe  of  Tutcbin,  ma.de  no  Diftinc- 
tion,  whether  TuUbins  Paper's  were  true  or  falje ;  and  as 
Chief  Juftice  Holt  has  made  no  Diftin6tion  in  that  Cafe,  fo 
none  ought  to  be  made  here  ;  nor  can  it  be  ftiewn  in  all  that 
Cafe,  there  was  any  Queftion  made  about  their  \>€\x\^falje 
or  true. 

Mr.  Hamilton.  I  did  expert  to  hear,  That  a  Negative 
cannot  be  proved  ;  But  every  Body  knows  there  are  many 
Exceptions  to  that  general  Rule  :  For  if  a  Man  is  charged 
with  killing  another,  or  ftealing  his  Neighbour's  Horfe,  if  he 
is  innocent,  in  the  one  Cafe,  he  may  prove  the  Man  faid  to 
be  killed,  to  be  really  alive  ;  and  the  Horfe  faid  to  be  ftoln, 
never  to  have  been  out  of  his  Mafter's  Stable,  i£c.  and  this 
I  think  is  proving  a  Negative.  But  we  will  fave  Mr.  At- 
torney the  Trouble  of  proving  a  Negative,  and  take  the 
Onus  probandi  upon  our  felves,and  prove  thofe  very  Papers 
that  are  called  Libels  to  be  true. 

Mr.  Ch.  Juftice.  You  cannot  be  admitted,  Mr.  Hamilton, 
to  give  the  Truth  of  a  Libel  in  Evidence.  A  Libel  is  not  to 
be  juftified;  for  it  is  neverthelefs  a  Libel  that  it  is  true. 

Mr.  Hamilton.  I  am  forry  the  Court  has  fo  foon  re- 
folved  upon  that  Piece  of  Law ;  I  expecfted  firft  to  have 
been  heard  to  that  Point.  I  have  not  in  all  my  Reading 
met  with  an  Authority  that  fays,  we  cannot  be  admitted 
to  give  the  Truth  in  Evidence,  upon  an  Information  for 
a  Libel. 

Mr.  Ch.  Juftice.  The  Law  is  clear.  That  you  cannot 
juftify  a  Libel. 

Mr.  Hamilton.  I  own  that,  may  it  pleafe  Your  Honour, 
to  be  fo;  but,  with  Submiffion,!  underftand  the  ^ord,  juftify , 
there,  to  be  a  juftification  by  Plea,  as  it  is  in  the  Cafe  upon 
an  Indiftment  {ox  Murder,  or  an  AJfault  and  Battery  ;  there 


207 


JOHN  PETER  ZENGER 


the  Prifoner  cannot  juftify,  but  plead  Not  Guilty.  Yet  it  will 
not  bedenied  but  he  may,  and  always  is  admitted, to  give  the 
Truth  of  the  Fadl,  or  any  other  Matter,  in  Evidence,  which 
goes  to  his  Acquital ;  as  in  Murder,  he  may  prove  it  was  in 
Defence  of  his  Life,  his  Houfe,  (^f.  and  in  Aflault  and  Bat- 
tery, he  may  give  in  Evidence,  that  the  other  Party  ftruck 
firft,  and  in  both  Cafes  he  will  be  acquitted.  And  in  this 
Senfe  I  underftand  the  Word  juftify,  when  applied  to  the 
Cafe  before  the  Court. 

Mr.  Ch.  Juftice.  I  Pray  fhew  that  you  can  give  the 
Truth  of  a  Libel  in  Evidence. 

Mr.  Hamilton.  I  am  ready,  both  from  what  I  under- 
ftand to  be  the  Authorities  in  the  Cafe,  and  from  the  Reafon 
of  the  Thing,  to  fhew  that  we  may  lawfully  do  fo.  But  here 
I  beg  leave  to  obferve.  That  Informations  for  Libels  is  a 
Child,  if  not  born,  yet  nurfed  up,  and  brought  to  full  Ma- 
turity, in  the  Court  of  Star-Chamber. 

Mr.  Ch.  Juflice.  Mr.  Hamilton  you'll  find  your  felf  mif- 
taken  ;  for  in  Cokes  Inftitutes  you'll  find  Informations  for 
Libels,  long  before  the  Court  of  Star-Chamber. 

Mr.  Hamilton.  I  thank  Your  Honour ;  that  is  an 
Authority  I  did  propofe  to  fpeak  to  by  and  by :  But  as  you 
have  mention'd,  it  I'll  read  that  Authority  now.  I  think 
it  is  in  3  Co.  Inft.  under  Title  Libel;  it  is  the  Cafe  of  John 
de  Northampton  for  a  Letter  wrote  to  Robert  de  Ferrers,  one 
of  the  King's  privy  Council,  *concerning  Sir  William  Scot, 
Chief  Juftice,  and  his  Fellows  ;  but  it  does 
not  appear  to  have  been  upon  Information;  "^Coke  ^Inft- 174' 
and  I  have  good  Grounds  to  fay  it  was 
upon  Indictment,  as  was  the  Cafe  of  Adam  de  Ravenjworth, 
juft  mentioned  before  by  Lord  Coke,  under  the  fame 
Title  ;  and  I  think  there  cannot  be  a  greater,  at  leaft  a 
plainer  Authority  for  us,  than  the  Judgment  in  the  Cafe  of 
John  de  Northampton,  which  my  Lord  has  fet  down  at  large. 
Et  quia  pradi5ius  Johannes  cognovit  di£lam  Litteram  per  fe 
Jcriptam  Roberto  de  Ferrers,  qui  eft  de  Concilio  Regis,  qua  Utter  a 
continet  in  Jenullam  veritatem,  &'c.    Now  Sir,  by  this  Judg- 

208 


THE  CASE  AND  TRIAL 


ment  it  appears  the  libelous  Words  were  utterly  falfe,  and 
there  the  Falfhood  was  the  Crime,  and  is  the  Ground  of  that 
Judgment :  And  is  not  that  what  we  contend  for  ?  Do  not 
we  infift  that  the  Falfhood  makes  the  Scandal,  and  both 
make  the  Libel?  And  how  fhall  it  be  known  whether  the 
Words  are  libelous,  that  is,  true  or  falfe,  but  by  admitting 
us  to  prove  them  true,  fince  Mr.  Attorney  will  not  under- 
take to  prove  them  falfe?  Befides,  is  it  not  againft  com- 
mon Senfe,  that  a  Man  fliould  be  punifhed  in  the  fame  De- 
gree for  a  true  Libel  (if  any  fuch  Thing  could  be)  as  for  a 
falfe  one  ?  I  know  it  is  faid,  That  Truth  makes  a  Libel  the 
more  provoking,  and  therefore  the  Offence  is  the  greater,  and 
confequently  the  Judgment  fhould  be  the  heavier.  Well,  fup- 
pofe  it  were  fo,  and  let  us  agree  for  once,  That  Truth  is  a 
greater  Sin  than  Falfhood :  Yet  as  the  Offences  are  not  equal, 
and  as  the  Puniihment  is  arbitrary,  that  is,  according  as  the 
Judges  in  their  Difcretion  fhall  direft  to  be  inflided ;  is  it 
not  abfolutely  neceflary  that  they  fliould  know,  whether  the 
Libel  is  true  or  falfe,  that  they  may  by  that  Means  be  able 
to  proportion  the  Punifliment?  For,  would  it  not  be  a  fad 
Cafe,  if  the  Judges,  for  want  of  a  due  Information,  fliould 
chance  to  give  as  fevere  a  Judgment  againfl:  a  Man  for  writ- 
ing or  publifliing  a  Lie,  as  for  writing  or  publifliing  a 
Truth  ?  And  yet  this  (with  fubmiflion)  as  monftrous  and 
ridiculous  as  it  may  feem  to  be,  is  the  natural  Confequence 
of  Mr.  Attorney's  Dodrine,  That  Truth  makes  a  worje  Libel 
than  Falfhood,  and  mufl:  follow  from  his  not  proving  our 
Papers  to  be  falfe,  or  not  fuffering  us  to  prove  them  to  be 
true.  But  this  is  only  reafoning  upon  the  Cafe,  and  I  will 
now  proceed  to  fliew,  what  in  my  Opinion  will  be  fufficient 
to  induce  the  Court,  to  allow  us  to  prove  the  Truth  of  the 
Words,  which  in  the  Information  are  called  Libellous.  And 
firfl:,  I  think  there  cannot  be  a  greater  Authority  for  us,  than 
the  Judgment  I  jufl:  now  mentioned,  in  the  cafe  of  John 
de  Northampton,  and  that  was  in  early  Times,  and  before 
the  Star-Chamber  came  to  its  Fulnefs  of  Power  and  Wicked- 
nefs.    In  that  Judgment,  as  I  obferved,  the  Falfhood  of  the 


209 


JOHN  PETER  ZENGER 


Letter  which  was  wrote,  is  afligned  as  the  very  Ground  of 
the  Sentence.    And  agreeable  to  this  it  was 
State  "Tryals,  urged  by  Sir  Robert  Sawyer^  *in  the  Tryal  of 
Vol.  4.  the  Seven  Bifhops,  That  the  Falftty^  the  Mal- 

icCy  and  Sedition  of  the  W riting^  were  all  Fa£ls 
to  be  proved.  But  here  it  may  be  faid,  Sir  Robert  was  one 
of  the  Bifhop's  Council,  and  his  Argument  is  not  to  be  al- 
lowed for  Law :  But  1  offer  it  only  to  fhew  that  we  are  not 
the  firft  who  have  infilled,  that  to  make  a  Writing  a  Libel, 
it  muft  be  falfe.  And  if  the  Argument  of  a  Council  muft 
have  no  Weight,  I  hope  there  will  be  more  Regard  fhewn 
to  the  Opinion  of  a  Judge,  and  therefore  I  mention  the 
Words  of  Juftice  Powel  in  the  fame  Tryal,  where  he  fays 
(of  the  Petition  of  the  Bifliops,  which  was  called  a  Libel, 
and  upon  which  they  were  profecuted  by  Information)  That 
to  make  it  a  Libel,  it  mujl  be  falfe  and  malicious,  and  tend  to 
Sedition ;  and  declared,  as  he  faw  no  Falfhood  or  Malice  in  it, 
he  was  of  Opinion,  that  it  was  no  Libel.  Now  I  fhould  think 
this  Opinion  alone,  in  the  Cafe  of  the  King,  and  in  a  Cafe 
which  that  King  had  fo  much  at  Heart,  and  which  to  this 
Day  has  never  been  contradided,  might  be  a  fufficient 
Authority,  to  entitle  us  to  the  Liberty  of  proving  the  T ruth 
of  the  Papers,  which  in  the  Information  are  called  falfe, 
malicious,  feditious  and  fcandalous.  If  it  be  obje<5led,  tha-t  the 
Opinions  of  the  other  three  Judges  were  againfi  him  ;  I  anfwer. 
That  the  Cenfures  the  Judgments  of  thefe  Men  have  un- 
dergone, and  the  Approbation  Juftice  PoweVs  Opinion,  his 
Judgment  and  Condud  upon  that  Tryal  has  met  with,  and 
the  Honour  he  gained  to  himfelf,  for  daring  to  fpeak 
Truth  at  fuch  a  Time,  upon  fuch  an  Occafion,  and  in  the 
Reign  of  fuch  a  King,  is  more  than  fufficient,  in  my  humble 
Opinion,  to  warrant  our  infifting  on  his  Judgment,  as  a  full 
Authority  to  our  Purpofe ;  and  it  will  lye  upon  Mr.  Attor- 
ney to  Ihew,  that  his  Opinion  has  fince  that  Time  been 
denied  to  be  Law,  or  that  Juftice  Powel  who  delivered  it, 
has  ever  been  condemned  or  blamed  for  it,  in  any  Law- 
Book  extant  at  this  Day,  and  this  I  will  venture  to  fay. 


THE  CASE  AND  TRIAL 


Mr.  Attorney  cannot  do.  But  to  make  this  Point  yet  more 
clear,  if  any  Thing  can  be  clearer,  I  will  on  our  Part  pro- 
ceed and  fhew,  that  in  the  Cafe  of  Sir  Samuel  Barnardijlon. 
His  Council,  notwithftanding  he  flood  before  one  of  the 
greateft  Monfters  that  ever  prefided  in  any  EngUJh  Court 
(Judge  Jefferies)  infilled  on  the  Want  of  Proof,  to  tho.  Malice 
and  Jeditious  Intent  of  the  Author,  of  what  was  called  a  Libel. 
And  in  the  Cafe  of  Tut  chin,  which  feems  to  be  Mr.  Attor- 
ney's chief  Authority,  that  Cafe  is  againft  him  ;  for  he  was, 
upon  his  Tryal  put  upon  Ihewing  the  Truth  of  his  Papers, 
but  did  not,  at  leaft  the  Prifoner  was  alked,  by  the  King's 

Council,  whether  he  would  fay  they  were 
State  T" rials  true  ?  And  as  he  never  pretended,  that  they 
Vol.  V.  549.  were  true,  the  Chief  Juftice  was  not  to  fay  fo. 

But  the  Point  will  ftill  be  clearer  on  our  Side 
from  Fuller's  Cafe,  Forfaljly  and  wickedly  cauj- 
ing  to  be  -printed  a  falfe  and  Jcandalous  Libel,  State  Trials 
in  which  (amongjl  other  Things)  were  contained  Vol.  V.  445 
theje  Words,  '  Mr.  Jones  has  aljo  made  Oath, 
That  he  paid  L.5000.  more,  by  the  late  Kings  Order,  to  fever  al 

*  Perfons  in  Places  of  Trujl,  that  they  might  compleat  my  Ruin, 
'  and  invalidate  me  forever.    Nor  is  this  all ;  for  the  fame  Mr. 

*  Jones  will  prove  by  undeniable  IVitnefs  and  Demonjlration, 

*  that  he  has  dijlributed  more  than  L.  180,000.  in  Eight  Tears 

*  laji  paft,  by  the  French  Kings  Order,  to  Perfons  in  publick 

*  T rufi  in  this  Kingdom.'  Here  you  fee  is  a  fcandalous  and 
infamous  Charge  againft  the  late  King ;  here  is  a  Charge  no 
lefs  than  High  Treafon,  againft  the  Men  in  publick  Truft, 
for  receiving  Money  of  the  French  King,  then  in  adual 
War  with  the  Crown  of  Great  Britain  ;  and  yet  the  Court 
were  far  from  bearing  him  down  with  that  Star  Chamber 
Doctrine,  to  wit.  That  it  was  no  matter,  whether  what  he faid 
was  true  or  falfe  ;  no,  on  the  contrary.  Lord  Chief  Juftice 
Holt  alks  Fuller,  Can  you  make  it  appear,  they  are  true  ?  Have 
you  any  Witneffes  ?  Tou  might  have  had  Subpoena's  for  your 
Witneffes  againft  this  Day.  If  you  take  upon  you  to  write  fuch 
Things  as  you  are  charged  with,  it  lies  upon  you  to  prove  them 

211 


JOHN  PETER  ZENGER 


true  J  at  your  Peril.  If  you  have  any  WitneJfeSy  I  will  hear 
them.  How  came  you  to  write  thofe  Books  which  are  not  true  ? 
If  you  have  any  IVitneJfes,  produce  them.  If  you  can  offer  any 
Matter  to  prove  what  you  have  wrote,  let  us  hear  it.  Thus 
faid,  and  thus  did,  that  great  Man  Lord  Chief  Juftice  Holt, 
upon  a  Tryal  of  the  like  Kind  with  ours,  and  the  Rule  laid 
down  by  him  in  this  Cafe  is,  1'hat  he  who  will  take  upon  him 
to  write  Things,  it  lies  upon  him  to  prove  them,  at  his  Peril. 
Now,  Sir,  we  have  acknowledged  the  Printing  and  Publifh- 
ing  of  thofe  Papers,  fet  forth  in  the  Information,  and  (with 
the  Leave  of  the  Court)  agreeable  to  the  Rule  laid  down  by 
Chief  Juftice  Holt,  we  are  ready  to  prove  them  to  be  true, 
at  our  Peril. 

Mr.  Chief  Jujlice.    Let  me  fee  the  Book. 

Here  the  Court  had  the  Cafe  under  Confideration,  a  con- 
ftderable  Time,  and  every  one  was  filent. 

Mr.  Ch.  Juji.  Mr.  Attorney,  you  have  heard  what 
Mr.  Hamilton  has  faid,  and  the  Cafes  he  has  cited,  for  hav- 
ing his  Witnefles  examined,  to  prove  the  Truth  of  the  fev- 
eral  Fadls  contained  in  the  Papers  fet  forth  in  the  Informa- 
tion, what  do  you  fay  to  it  ? 

Mr.  Attorney.  The  Law  in  my  Opinion  is  very  clear ; 
they  cannot  be  admitted  tojuftify  a  Libel;  for,  by  the  Au- 
thorities I  have  already  read  to  the  Court,  it  is  not  the  lefs 
a  Libel  becaufe  it  is  true.  I  think  I  need  not  trouble  the 
Court  with  reading  the  Cafes  over  again  ;  the  Thing  feems 
to  be  very  plain,  and  I  fubmit  it  to  the  Court. 

Mr.  Ch.  JuJl.  Mr.  Hamilton,  the  Court  is  of  Opinion, 
you  ought  not  to  be  permitted  to  prove  the  Fa6ls  in  the 
Papers  :  Thefe  are  the  Words  of  the  Book,  '  It  is  far  from 

*  being  a  Jujlification  of  a  Libel,  that  the  Contents  thereof  are 

*  true,  or  that  the  Perfon  upon  whom  it  is  made,  had  a  bad 

*  Reputation,  fince  the  greater  Appearance  there  is  of  Truth  in 

*  any  malicious  Invective,  fo  much  the  more  provoking  it  is.' 

Mr.  Hamilton.     Thefe  are  Star  Chamber  Cases,  and 


THE  CASE  AND  TRIAL 


I  was  in  hopes,  that  Pradice  had  been  dead  with  the 
Court. 

Mr.  Ch .  Juft.  Mr.  Hamilton^  the  Court  have  deliv- 
ered their  Opinion,  and  we  exped:  you  will  ufe  us  with 
good  Manners  ;  you  are  not  to  be  permitted  to  argue  againft 
the  Opinion  of  the  Court. 

Mr.  Hamilton.  With  Submiflion,  I  havefeen  the  Prac- 
tice in  very  great  Courts,  and  never  heard  it  deemed  un- 
mannerly to  

Mr.  Ch.  Juft.  After  the  Court  have  declared  their  Opin- 
ion, it  is  not  good  Manners  to  infift  upon  a  Point,  in 
which  you  are  over-ruled. 

Mr.  Hamilton.  I  will  fay  no  more  at  this  Time ;  the 
Court  I  fee  is  againft  us  in  this  Point ;  and  that  I  hope  I 
may  be  allowed  to  fay. 

Mr.  Ch.  Juft.  life  the  Court  with  good  Manners,  and 
you  ftiall  be  allowed  all  the  Liberty  you  can  reafonably  de- 
fire. 

Mr.  Hamilton.  I  thank  Your  Honour.  Then  Gen- 
tlemen of  the  Jury,  it  is  to  you  we  muft  now  appeal,  for  Wit- 
neffes  to  the  Truth  of  the  Fad:s  we  have  offered,  and  are 
denied  the  Liberty  to  prove ;  and  let  it  not  feem  ftrange, 
that  I  apply  myfelf  to  you  in  this  Manner,  I  am  warranted 
fo  to  do  both  by  Law  and  Reafon.  The  Law  fupposes  you 
to  be  fummoned,  out  of  the  Neighbourhood  where  the  Fa5l  is 
alledged  to  be  committed ;  and  the  Reafon  of  your  being  taken 
out  of  the  Neighbourhood  is,  becauje  you  are  Juppojed  to  have 
the  beft  Knowledge  of  the  Fa5i  that  is  to  be  tried.  And  were 
you  to  find  a  Verdidt  againft  my  Client,  you  muft  take  upon 
you  to  fay,  the  Papers  referred  to  in  the  Information,  and 
which  we  acknowledge  we  printed  and  publiftied,  are  falje^ 
Jcandalous  and  Jeditious ;  but  of  this  I  can  have  no  Appre- 
henfion.  You  are  Citizens  of  New  York\  yow  are  really 
what  the  Law  fuppofes  you  to  be,  honeft  and  lawful  Men  ; 
and,  according  to  my  Brief,  the  Fadls  which  we  offer  to 
prove  were  not  committed  in  a  Corner  ;  they  are  notori- 
ously known  to  be  true ;  and  therefore  in  your  Juftice  lies 


213 


JOHN  PETER  ZENGER 


our  Safety.  And  as  we  are  denied  the  Liberty  of  giving 
Evidence,  to  prove  the  Truth  of  what  we  have  pubhfhed, 
I  will  beg  Leave  to  lay  it  down  as  a  {landing  Rule  in  fuch 
Cafes,  ^hat  the  JuppreJJing  of  Evidence  ought  always  to  be 
taken  for  the  Jtrongest  Evidence ;  and  I  hope  it  will  have  that 
Weight  with  you.  But  fince  we  are  not  admitted  to  exam- 
ine our  Witnefles,  I  will  endeavour  to  fhorten  the  Difpute 
with  Mr.  Attorney,  and  to  that  End,  I  defire  he  would  fa- 
vour us  with  fome  Standard  Definition  of  a  Libel,  by  which 
it  may  be  certainly  known,  whether  a  Writing  be  a  Libel, 
yea  or  not. 

Mr.  Attorney.  The  Books,  I  think,  have  given  a  very 
full  Definition  of  a  Libel ;  they  fay  it  is  in  a 
I  Haiuk.  Chap.  flyiEi  Scnfc  taken  for  a  malicious  Defamation^ 
^^^^^^  ^'  ^  exprejfed  either  in  Printing  or  Writing,  and 
tending  either  to  blacken  the  Memory  of  one 
who  is  dead,  or  the  Reputation  of  one  who  is  alive,  and  to  ex- 
pofe  him  to  public  Hatred,  Contempt  or  Ridicule.  §  ?.  But  it 
is  faid.  That  in  a  larger  Senje,  the  Notion  of  a  Libel  may  be 
applied  to  any  Defamation  whatfoever,  exprejfed  either  by  Signs 
or  Pictures,  as  by  fixing  up  a  Gallows  againjl  a  Mans  Door, 
or  by  painting  him  in  a  fhameful  and  ignominious  Manner. 
§.3.  And  Jince  the  chief  Caufe  for  which  the  Law  Jo  fever  ely 
punifhes  all  0_ffences  of  this  Nature,  is  the  dire£i  Tendency  of 
them  to  a  Breach  of  Publick  Peace,  by  provoking  the  Parties 
injured,  their  Friends  and  Families  to  A5ls  of  Revenge,  which 
it  would  be  impojjible  to  refrain  by  the  Jeverefl  Laws,  were 
there  no  Redrejs  from  Publick  Juftice  for  Injuries  of  this  kind, 
which  of  all  others  are  mojl  fenfibly  felt ;  and  Jince  the  plain 
Meaning  of  fuch  Scandal  as  is  exprejfed  by  Signs  or  Pictures,  is 
as  obvious  to  common  SenJe,  and  as  eajily  underjiood  by  every 
common  Capacity,  and  altogether  as  provoking  as  that  which  is 
exprejfed  by  JV riting  or  Printing,  why  fhould  it  not  be  equally 
criminal?  §•  4-  And  from  the  fame  Ground  it  feemeth  alfo 
clearly  to  follow.  That  fuch  Jcandal  as  is  exprejfed  in  a  Jcoffing 
and  ironical  Manner,  makes  a  fVriting  as  properly  a  Libel,  as 
that  which  is  exprejfed  in  direct  T erms  ;  as  where  a  W riting. 


214 


THE  CASE  AND  TRIAL 


in  a  taunting  Manner  reckoning  up  Jeveral  A£ls  of  public k 
Charity  done  by  one,  Jays  You  will  not  play  the  Jew,  nor  the 
Hypocrite,  and  Jo  goes  on  in  a  Strain  of  Ridicule  to  infinuatCy 
that  what  he  did  was  owing  to  his  Vain-Glory ;  or  where  a 
W riting,  pretending  to  recommend  to  one  the  Characters  of  fev- 
eral  great  Men  for  his  Imitation,  injlead  of  taking  Notice  of 
what  they  are  generally  efteemed  famous  for,  pitched  on  Juch 
Qualities  only  which  their  Enemies  charge  them  with  the  W ant 
of,  as  by  propofing  Juch  a  one  to  be  imitated  for  his  Courage, 
who  is  known  to  be  a  great  Statejman,  but  no  Soldier,  and  another 
to  be  imitated  for  his  Learning,  who  is  known  to  be  a  great 
General,  but  no  Scholar,  &c.  which  Kind  of  Writing  is  as  well 
underjiood  to  mean  only  to  upbraid  the  Parties  with  the  JV ant 
of  these  ^alities,  as  if  it  had  dire5lly  and  exprejfly  done  Jo. 

Mr.  Hamilton.  Ay,  Mr.  Attorney ;  but  what  Standard 
Rule  have  the  Books  laid  down,  by  which  we  can  certainly 
know,  whether  the  Words  or  the  Signs  are  malicious  ? 
Whether  they  are  defamatory  ?  Whether  they  tend  to  the 
Breach  of  the  Peace,  and  are  a  fufficient  Ground  to  pro- 
voke a  Man,  his  Family,  or  Friends  to  Ads  of  Revenge, 
efpecially  thofe  of  the  ironical  fort  of  Words  ?  And  what 
Rule  have  you  to  know  when  I  write  ironically  ?  I  think 
it  would  be  hard,  when  I  hjyjuch  a  Man  is  a  very  worthy 
honeft  Gentleman,  and  of  fine  Underjlanding,  that  therefore  I 
meant  he  was  a  Knave  or  a  Fool. 

Mr.  Attorney.  I  think  the  Books  are  very  full ;  it  is 
faid  in  i  Hawk. p.  193.  juft  now  read,  "That  Juch  Scandal  as 
is  exprejjed  in  a  Jcoffing  and  ironical  Manner,  makes  a  W riting 
as  properly  a  Libel,  as  that  which  is  exprejjed  in  direct  Terms; 
as  where  a  JV riting,  in  a  taunting  Manner  Jays,  reckoning  up 
Jeveral  A£is  of  Charity  done  by  one.  Jays,  you  will  not  play 
the  Jew  or  the  Hypocrite,  and  Jo  goes  on  to  injinuate,  that 
what  he  did  was  owing  to  his  Vain-Glory,  ^c.  Which  Kind 
oj  Writing  is  as  well  underjiood  to  mean  only  to  upbraid  the 
Parties  with  the  W ant  of  theje  Slualities,  as  if  it  had  direElly 
and  exprejly  done  Jo.  I  think  nothing  can  be  plainer  or  more 
full  than  thefe  Words. 


215 


JOHN  PETER  ZENGER 


Mr.  Hamilton.  I  agree  the  Words  are  very  plain,  and 
I  (hall  hot  fcruple  to  allow  (when  we  are  agreed  that  the 
Words  are  falfe  and  Jcandalous,  and  were  Jpoken  in  an  iron- 
ical and  Jcoffing  Manner,  ^c.)  that  they  are  really  libellous ; 
but  here  ftill  occurs  the  Uncertainty,  which  makes  the  Dif- 
ficulty to  know,  what  Words  are  Jcandalous,  and  what  not ; 
for  you  fay,  they  may  be Jcandalous,  true  or falje;  befides,  how 
fhall  we  know  whether  the  Words  were  fpoke  in  a  Jcoffing 
and  ironical  Manner,  or  ferioufly  ?  Or  how  can  you  know, 
whether  the  Man  did  not  think  as  he  wrote  ?  For  by  your 
Rule,  if  he  did,  it  is  no  Irony,  and  confequently  no  Libel. 
But  under  Favour,  Mr.  Attorney,  I  think  the  fame  Book, 
and  the  fame  Sedlion  will  fliew  us  the  only  Rule  by  which 
all  thefe  Things  are  to  be  known.  The  Words  are  thefe  ; 
which  Kind  oj  Writing  is  as  well  UNDERSTOOD  to  mean 
only  to  upbraid  the  Parties  with  the  Want  oJ  theje  ^alities, 
as  if  they  had  directly  and  exprejsly  done  Jo.  Here  it  is  plain, 
the  Words  are  Jcandalous ,  Jcoffing  and  ironical,  only  as  they 
are  UNDERSTOOD.  I  know  no  Rule  laid  down  in  the 
Books  but  this,  I  mean,  as  the  Words  are  underjiood. 

Mr.  Ch.  Jujl.  Mr.  Hamilton,  do  you  think  it  fo  hard  to 
know,  when  Words  are  ironical,  or  fpoke  in  a  fcoffing 
Manner? 

Mr.  Hamilton.  I  own  it  may  be  known ;  but  I  infift, 
the  only  Rule  to  know  is,  as  I  do  or  can  underjrand 
them  ;  I  have  no  other  Rule  to  go  by,  but  as  I  underjland 
them. 

Mr.  Ch.  JuJl.  That  is  certain.  All  Words  are  libel- 
lous or  not,  as  they  are  underjiood.  Thofe  who  are  to  judge 
of  the  Words,  muft  judge  whether  they  are  Jcandalous  or 
ironical,  tend  to  the  Breach  of  the  Peace,  or  are  Jeditious : 
There  can  be  no  Doubt  of  it. 

Mr.  Hamilton.  I  thank  Your  Honour ;  I  am  glad  to 
find  the  Court  of  this  Opinion.  Then  it  follows  that  thofe 
twelve  Men  muft  underjland  the  Words  in  the  Information 
to  be  Jcandalous,  that  is  to  fay  falfe ;  for  I  think  it  is  not 
pretended  they  are  of  the  ironical  Sort;  and  when  they  un- 


216 


THE  CASE  AND  TRIAL 


derftand  the  Words  to  be  fo,  they  will  fay  we  are  guilty  of 
Publilhing  a  falfe  Lii^e/,  a.nd  not  otherwife. 

Mr.  Ch.  Juji.  No,  Mr.  Hamilton  ;  the  Jury  may  find 
that  Zenger  printed  and  publiflied  thofe  Papers,  and  leave 
it  to  the  Court  to  judge  whether  they  are  libellous ;  you 
know  this  is  very  common  ;  it  is  in  the  Nature  of  a  fpecial 
Verdict,  where  the  Jury  leave  the  Matter  of  Law  to  the 
Court. 

Mr.  Hamilton.  I  know,  may  it  pleafe  Your  Honour, 
the  Jury  may  do  fo  ;  but  I  do  likewife  know,  they  may  do 
otherwife.  I  know  they  have  the  Right  beyond  all  Dif- 
pute,  to  determine  both  the  Law  and  the  Fact,  and  where 
they  do  not  doubt  of  the  Law,  they  ought  to  do  fo.  This 
of  leaving  it  to  Judgment  of  the  Court,  whether  the  Words 
are  libellous  or  not,  in  Effedl  renders  Juries  ufelefs  (to  fay 
no  worfe)  in  many  Cafes ;  but  this  I  (hall  have  Occafion  to 
fpeak  to  by  and  by;  and  I  will  with  the  Court's  Leave  pro- 
ceed to  examine  the  Inconveniences  that  muft  inevitably 
arife  from  the  Dodlrines  Mr.  Attorney  has  laid  down ;  and 
I  obferve,  in  fupport  of  this  Profecution,  he  has  frequently 
repeated  the  Words  taken  from  the  Cafe  of  Libel,  famosus, 
in  5  Co.  This  is  indeed  the  leading  Cafe,  and  to  which  al- 
moft  all  the  other  Cafes  upon  the  Subjeft  of  Libels  do  re- 
fer ;  and  I  muft  infift  upon  saying,  That  according  as 
this  Cafe  feems  to  be  underftood  by  the  [Court  and  Mr. 
Attorney,  it  is  not  Law  at  this  Day  :  For  tho'  I  own  it  to 
be  bafe  and  unworthy,  to  fcandalize  any  Man,  yet  I  think 
it  is  even  vilainous  to  fcandalize  a  Perfon  of  publick  Char- 
acter, and  I  will  go  fo  far  into  Mr.  Attorney's  Dodlrine  as 
to  agree,  that  if  the  Faults,  Miftakes,  nay  even  the  Vices  of 
fuch  a  Perfon  be  private  and  perfonal,  and  don't  affed:  the 
Peace  of  the  Publick,  or  the  Liberty  or  Property,  of  our 
Neighbour,  it  is  unmanly  and  unmannerly  to  expofe  them 
either  by  Word  or  Writing.  But  when  a  Ruler  of  a  People 
brings  his  perfonal  Failings,  but  much  more  his  Vices,  into 

*The  word  "  Court"  is  written  in  a  blank  space  in  the  original  printed 
edition. 

217 


JOHN  PETER  ZENGER 


his  Adminiftration,  and  the  People  find  themfelves  afFefted 
by  them,  either  in  their  Liberties  or  Properties,  that  will 
alter  the  Cafe  mightily ;  and  all  the  high  Things  that  are 
faid  in  Favour  of  Rulers,  and  of  Dignities,  and  upon  the 
fide  of  Power,  will  not  be  able  to  flop  People's  Mouths 
when  they  feel  themfelves  opprefled,  I  mean  in  a  free  Gov- 
ernment. It  is  true  in  Times  paft  it  was  a  Crime  to  fpeak 
Truth,  and  in  that  terrible  Court  of  Star  Chamber,  many 
worthy  and  brave  Men  fufTered  for  fo  doing ;  and  yet  even 
in  that  Court,  and  in  thofe  bad  Times,  a  great  and  good 
Man  durft  fay,  what  I  hope  will  not  be  taken  amifs  of  me 
to  fay  in  this  Place,  to  wit,  The  Pra5iice  of  Informations  for 
Libels  is  a  Sword  in  the  Hands  of  a  wicked  King,  and  an  ar- 
rand  Coward,  to  cut  down  and  dejlroy  the  innocent ;  the  one 
cannot,  becaufe  of  his  high  Station,  and  the  other  dares  not,  be- 
caufe  of  his  Want  of  Courage,  revenge  himfef  in  another  Man- 
ner. 

Mr.  Attorney.  Pray  Mr.  Hamilton,  have  a  Care  what 
you  fay,  don't  go  too  far  neither,  I  don't  like  those  Liber- 
ties. 

Mr.  Hamilton.  Sure,  Mr.  Attorney,  you  won't  make  any 
Applications  ;  all  Men  agree  that  we  are  governed  by  the 
beft  of  Kings,  and  I  cannot  fee  the  Meaning  of  Mr.  Attor- 
ney's Caution  ;  my  well  known  Principles,  and  the  Senfe  I 
have  of  the  Bleffings  we  enjoy  under  His  prefent  Majefty, 
makes  it  impoflible  for  me  to  err,  and  I  hope,  even  to  be 
fufpected,  in  that  Point  of  Duty  to  my  King.  May  it 
pleafe  Your  Honour,  I  was  faying,  that  notwithftanding  all 
the  Duty  and  reverence  claimed  by  Mr.  Attorney  to  Men 
in  Authority,  they  are  not  exempt  from  obferving  the  Rules 
of  common  Juftice,  either  in  their  private  or  publick  Capa- 
cities ;  the  Laws  of  our  Mother  Country  know  no  Exemp- 
tion. It  is  true.  Men  in  Power  are  harder  to  be  come  at  for 
wrongs  they  do,  either  to  a  private  Perfon,  or  to  the  pub- 
lick  ;  efpecially  a  Governour  in  the  Plantations,  where  they 
infift  upon  an  Exemption  from  Anfwering  Complaints  of 
any  kind  in  their  own  Government.    We  are  indeed  told, 


218 


THE  CASE  AND  TRIAL 


and  it  is  true  they  are  obliged  to  anfwer  a  Suit  in  the 
King's  Courts  at  Wejlminjler,  for  a  Wrong  done  to  any 
Perfon  here:  But  do  we  not  know  how  impradiicable  this  is 
to  moft  Men  among  us,  to  leave  their  Families  (who  de- 
pend upon  their  Labour  and  Care  for  their  Livelihood)  and 
carry  Evidences  to  Britain,  and  at  a  great,  nay,  a  far  greater 
Expence  than  almoft  any  of  us  are  able  to  bear,  only  to 
profecute  a  Governour  for  an  Injury  done  here.  But  when 
the  OpprefTion  is  general  there  is  no  Remedy  even  that 
Way,  no,  our  Conftitution  has  (blefled  be  God)  given 
Us  an  Opportunity,  if  not  to  have  fuch  Wrongs  redreffed, 
yet  by  our  Prudence  and  Refolution  we  may  in  a  great 
meafure  prevent  the  committing  of  fuch  Wrongs,  by  mak- 
ing a  Governour  fenfible  that  it  is  his  intereft  to  be  juft  to 
those  under  his  Care ;  for  fuch  is  the  Senfe  that  Men  in 
General  (I  mean  Freemen)  have  of  common  Juftice,  that 
when  they  come  to  know,  that  a  chief  Magiftrate  abufes  the 
Power  with  which  he  is  trufted,  for  the  good  of  the  People, 
and  is  attempting  to  turn  that  very  Power  againft  the  Inno- 
cent, whether  of  high  or  low  degree,  I  fay.  Mankind  in 
general  feldom  fail  to  interpofe,  and  as  far  as  they  can,  pre- 
vent the  Deftrudion  of  their  fellow  Subjedls.  And  has  it 
not  often  been  feen  (I  hope  it  will  always  be  feen)  that  when 
the  Reprefentatives  of  a  free  People  are  by  juft  Reprefen- 
tations  or  Remonftrances,  made  fenfible  of  the  fufferings  of 
their  Fellow-Subjefts,  by  the  Abufe  of  Power  in  the  Hands 
of  a  Governour,  they  have  declared  (and  loudly  too)  that 
they  were  not  obliged  by  any  Law  to  fupport  a  Governour 
who  goes  about  to  deftroy  a  Province  or  Colony,  or  their 
Privileges,  which  by  His  Majefty  he  was  appointed,  and  by 
the  Law  he  is  bound  to  protedt  and  encourage.  But  I  pray 
it  may  be  confidered,  of  what  Ufe  is  this  mighty  Privilege, 
if  every  Man  that  fuflers  muft  be  filent  ?  And  if  a  Man 
muft  be  taken  up  as  a  Libeller,  for  telling  his  fufferings  to 
his  Neighbour?  I  know  it  may  be  anfwered.  Have  you  not 
a  Legijlature  ?  Have  you  not  a  Houje  of  Reprefentatives  to 
whom  you  may  complain  ?    And  to  this  I  anfwer,  we  have. 


219 


JOHN  PETER  ZENGER 


But  what  then  ?  Is  an  Affembly  to  be  troubled  with  every 
Injury  done  by  a  Governour  ?  Or  are  they  to  hear  of 
nothing  but  what  thofe  in  the  Adminiftration  will  pleafe  to 
tell  them  ?  Or  what  Sort  of  a  Tryal  muft  a  Man  have  ? 
And  how  is  he  to  be  remedied  ;  efpecially  if  the  Cafe  were,  as 
I  have  known  it  to  happen  in  America  in  my  Time  ;  That 
a  Governour  who  has  Places  (I  will  not  [fay]*  Penfions,forI 
believe  they  feldom  give  that  to  another  which  they  can  take 
to  themfelves)  to  beftow,  and  can  or  will  keep  the  fame  Af- 
fembly  (after  he  has  modeled  them  fo  as  to  get  a  Majority 
of  the  Houfe  in  his  Intereft)  for  near  twice  Seven  Years  to- 
gether ?  I  pray,  what  Redrefs  is  to  be  expeded  for  a  honeft 
Man,  who  makes  his  Complaint  againft  a  Governour,  to  an 
Aflembly  who  may  properly  enough  be  faid,  to  be  made  by 
the  fame  Governour  againft  whom  the  Complaint  is  made  ? 
The  Thing  anfwers  it  felf.  No,  it  is  natural,  it  is  a  Privi- 
lege, I  will  go  farther,  it  is  a  Right  which  all  Freemen  claim, 
and  are  entitled  to  complain  when  they  are  hurt ;  they  have  a 
Right  publickly  to  remonftrate  the  Abufes  of  Power,  in  the 
ftrongeft  Terms,  to  put  their  Neighbours  upon  their  Guard, 
againft  the  Craft  or  open  Violence  of  Men  in  Authority, 
and  to  alTert  with  Courage  the  Senfe  they  have  of  the  Blef- 
fings  of  Liberty,  the  Value  they  put  upon  it,  and  their  Re- 
folution  at  all  Hazards  topreferve  it,  as  one  of  the  greaceft 
Bleflings  Heavencan  beftow.  And  when  a  Houfe  of  Aflembly 
compofed  of  honeft  Freemen  fees  the  general  Bent  of  the 
Peoples  Inclinations,  That  is  it  which  muft  and  will  (I'm 
fure  it  ought  to)  weigh  with  a  Legiflature,  in  Spite  of  all  the 
Craft,  Carrefling  and  Cajoling,  made  ufe  of  by  a  Governour, 
to  divert  them  from  harkning  to  the  Voice  of  their  Coun- 
try, As  we  all  very  well  underftand  the  true  Reafon,  why 
Gentlemen  take  fo  much  Pains  and  make  fuch  great  Intereft 
to  be  appointed  Governours,  fo  is  the  Deftgn  of  their  Ap- 
ointment  not  lefs  manifeft.  We  know  his  Majefty's 
gracious  Intentions  to  his  Subjeds;  he  defires  no  more  than 


Supplied  in  contemporary  manuscript  in  the  original. 

220 


THE  CASE  AND  TRIAL 


that  his  People  in  the  Plantations  fhould  be  kept  up  to 
their  Duty  and  Allegiance  to  the  Crown  of  Great  Britain, 
that  Peace  may  be  preferved  amongft  them,  and  Juftice  im- 
partially adminiftred  ;  that  we  may  he  governed  fo  as 
to  render  us  ufeful  to  our  Mother  Country,  by  encouraging 
us  to  make  and  raife  fuch  Commodities  as  may  be  ufeful  to 
Great  Britain.  But  will  any  one  fay,  that  all  or  any  of  thefe 
good  Ends  are  to  be  effected,  by  a  Governour's  fetting  his 
People  together  by  the  Ears,  and  by  the  Affiftance  of  one 
Part  of  the  People  to  plague  and  plunder  the  other  ?  The 
Commiflion  which  Governour's  bear,  while  they  execute  the 
Powers  given  them,  according  to  the  Intent  of  the  Royal 
Grantor,  exprefled  in  their  CommifTions,  requires  and  de- 
fervedvery  greatReverence  and  Submiflion;  but  whenaGov- 
ernour  departs  from  the  Duty  enjoyned  him  by  his  Sover- 
eign, and  adls  as  if  he  was  lefs  accountable  than  the  Royal 
Hand  that  gave  him  all  that  Power  and  Honour  that  he  is 
poflefTed  of ;  this  fets  People  upon  examining  and  enquir- 
ing into  the  Power,  Authority  and  Duty  of  fuch  a  Magif- 
trate,  and  to  compare  thofe  with  his  ConducH:,  and  juft  as 
far  as  they  find  he  exceeds  the  Bounds  of  his  Authority,  or 
falls  fhort  in  doing  impartial  Juftice  to  the  People  under  his 
Adminiftration,  fo  far  they  very  often,  in  return,  come  fhort 
in  their  Duty  to  fuch  a  Governour,  For  Power  alone  will 
not  make  a  Man  beloved,  and  I  have  heard  it  obferved, 
That  the  Man  who  was  neither  good  nor  wife  before  his 
being  made  a  Governour,  never  mended  upon  his  Prefer- 
ment, but  has  been  generally  obferved  to  be  worfe :  For 
Men  who  are  not  endued  with  Wifdom  and  Virtue,  can 
only  be  kept  in  Bounds  by  the  Law;  and  by  how  much  the 
further  they  think  themfelves  out  of  the  Reach  of  the  Law, 
by  fo  much  the  more  wicked  and  cruel  Men  are.  I  wifh 
there  were  no  Inftances  of  the  Kind  at  this  Day.  And 
wherever  this  happens  to  be  the  Cafe  of  a  Governour,  un- 
happy are  the  People  under  his  Adminiftration,  and  in  the 
End  he  will  find  himfelf  fo  too  ;  for  the  People  will  neither 
love  him  nor  fupport  him.  I  make  no  Doubt  but  there  are 


221 


JOHN  PETER  ZENGER 


thofe  here,  who  are  zealoufly  concerned  for  the  Succefs  of 
this  Profecution,  and  yet  I  hope  they  are  not  many,  and 
even  fome  of  thofe,  I  am  perfuaded  (when  they  confider  to 
what  Lengths  fuch  Profecutions  may  be  carried,  and  how 
deeply  the  Liberties  of  the  People  may  be  affefted  by  fuch 
Means)  will  not  all  abide  by  their  prefent  Sentiments;  I  fay. 
Not  All:  For  the  Man  who  from  an  Intimacy  and  Acquain- 
tance with  a  Governour  has  conceived  a  perfonal  Regard 
for  him,  the  Man  who  has  felt  none  of  the  Strokes  of  his 
Power,  the  Man  who  believes  that  a  Governour  has  a  Re- 
gard for  him  and  confides  in  him,  it  is  natural  for  fuch  Men 
to  wifh  well  to  the  Affairs  of  fuch  a  Governour;  and  as  they 
may  be  Men  of  Honour  and  Generolity,  may,  and  no  Doubt 
will,  wifh  him  Succefs,  fo  far  as  the  Rights  and  Privileges 
of  their  Fellow  Citizens  are  not  affeded.  But  as  Men  of 
Honour,  I  can  apprehend  nothing  from  them  ;  they  will 
never  exceed  that  Point.  There  are  others  that  are  under 
ftronger  Obligations,  and  thofe  are  fuch,  as  are  in  fome  Sort 
engaged  in  Support  of  a  Governour's  Caufe,  by  their  own 
or  their  Relations  Dependance  on  his  Favour,  for  fome 
Pofl  or  Preferment ;  fuch  Men  have  what  is  commonly 
called  Duty  and  Gratitude,  to  influence  their  Inclinations, 
and  oblige  them  to  go  his  Lengths.  I  know  Men's  Interests 
are  very  near  to  them,  and  they  will  do  much  rather  than 
foregoe  the  Favour  of  a  Governour,  and  a  Livelihood  at  the 
fame  Time  ;  but  I  can  with  very  jufl  Grounds  hope,  even 
from  thofe  Men,  whom  I  will  fuppose  to  be  Men  of  Hon- 
our and  Confcience  too,  that  when  they  fee,  the  Liberty  of 
their  Country  is  in  Danger,  either  by  their  Concurrence,  or 
even  by  their  Silence,  they  will  like  Englijhmen,  and  like 
themfelves,  freely  make  a  Sacrifice  of  any  Preferment  or 
Favour  rather  than  be  acceffary  to  deflroying  the  Liberties 
of  their  Country,  and  entailing  Slavery  upon  their  Poflerity. 
There  are  indeed  another  fet  of  Men,  of  whom  I  have  no 
Hopes,  I  mean  fuch,  who  lay  afide  all  other  Confiderations, 
and  are  ready  to  joyn  with  Power  in  any  Shapes,  and  with 
any  Man  or  Sort  of  Men,  by  whofe  Means  or  Interefl  they 


222 


THE  CASE  AND  TRIAL 


may  be  afllfted  to  gratify  their  Malice  and  Envy  againft 
thofe  whom  they  have  been  pleafed  to  hate ;  and  that  for 
no  other  Reafon,  but  becaufe  they  are  Men  of  Abilities 
and  Integrity,  or  at  leaft  are  poflefled  of  fome  valuable 
Qualities,  far  fuperiour  to  their  own.  But  as  Envy  is  the  Sin 
of  the  Devil,  and  therefore  very  hard,  if  at  all,  to  be  re- 
pented of,  I  will  believe  there  are  but  few  of  this  deteftable 
and  worthlefs  Sort  of  Men,  nor  will  their  Opinions  or  In- 
clinations have  any  influence  upon  this  Tryal,  But  to  pro- 
ceed ;  I  beg  Leave  to  infift,  That  the  Right  of  complain- 
ing or  remonfl:rating  is  natural ;  And  the  Reftraint  upon 
this  natural  Right  is  the  Law  only,  and  that  thofe  Refliraints 
can  only  extend  to  what  is  falje :  For  as  it  is  Truth  alone 
which  can  excufe  or  juftify  any  Man  for  complaining  of  a 
bad  Adminifliration,  I  as  frankly  agree,  that  nothing  ought 
to  excufe  a  Man  who  raifes  a  falfe  Charge  or  Accusation, 
even  againfl;  a  private  Perfon,  and  that  no  manner  of  Al- 
lowance ought  to  be  made  to  him,  who  does  fo  againft  a 
publick  Magiftrate.  Truth  ought  to  govern  the  whole 
Affair  of  Libels,  and  yet  the  Party  accufed  runs  Rifque 
enough  even  then ;  for  if  he  fails  in  proving  every  Tittle  of 
what  he  has  wrote,  and  to  the  Satisfaction  of  the  Court  and 
Jury  too,  he  may  find  to  his  Coft,  that  when  the  Profe- 
cution  is  fet  on  Foot  by  Men  in  Power,  it  feldom  wants 
Friends  to  Favour  it.  And  from  thence  (it  is  faid)  has 
arifen  the  great  Diverfity  of  Opinions  among  Judges,  about 
what  Words  were  or  were  not  fcandalous  or  libellous.  I 
believe  it  will  be  granted,  that  there  is  not  greater  Uncer- 
tainty in  any  Part  of  the  Law,  than  about  Words  of  Scan- 
dal ;  it  would  be  mifpending  of  the  Court's  Time  to  men- 
tion the  Cafes ;  they  may  be  faid  to  be  numberlefs ;  and 
therefore  the  utmoft  Care  ought  to  be  taken  in  following 
Precedents ;  and  the  Times  when  the  Judgments  were 
given,  which  are  quoted  for  Authorities  in  the  Cafe  of  Li- 
bels, are  much  to  be  regarded.  I  think  it  will  be  agreed. 
That  ever  fince  the  Time  of  the  Star  Chamber,  where 
the  moft  arbitrary  and  deftructive  Judgments  and  Opinions 


223 


JOHN  PETER  ZENGER 


were  given,  that  ever  an  Engli/hman  heard  of,  at  leaft  in 
his  own  Country:  I  fay,  Profecutions  for  Libels  fince  the 
Time  of  that  arbitrary  Court,  and  until  the  glorious  Revo- 
lution, have  generally  been  fet  on  Foot  at  the  Inftance  of 
the  Crown  or  its  Minifters ;  and  it  is  no  fmall  Reproach  to 
the  Law,  that  thefe  Profecutions  were  too  often  and  too 
much  countenanced  by  the  Judges,  who  held  their  Places 
at  Pleafure,  (a  difagreeable  Tenure  to  any  Officer,  but  a  dan- 

ferous  one  in  the  Cafe  of  a  Judge.)  To  fay  more  to  this 
'oint  may  not  be  proper.  And  yet  I  cannot  think  it  un- 
warrantable, to  fhew  the  unhappy  influence  that  a  Sov- 
ereign has  fometimes  had,  not  only  upon  Judges,  but  even 
upon  Parliaments  themfelves. 

It  has  already  been  fliewn,  how  the  Judges  differed 
in  their  Opinions  about  the  Nature  of  a  Libel,  in  the  Cafe 
of  the  feven  Bifliops.  There  you  fee  three  Judges  of  one 
Opinion,  that  is,  of  a  wrong  Opinion,  in  the  Judgment 
of  the  beft  Men  in  England^  and  one  Judge  of  a  right 
Opinion.  How  unhappy  might  it  have  been  for  all  of 
us  at  this  Day,  if  that  Jury  had  underfliood  the  Words 
in  that  Information  as  the  Court  did  ?  Or  if  they  had  left 
it  to  the  Court,  to  judge  whether  the  Petition  of  the  Bifhops 
was  or  was  not  a  Libel  ?  No  they  took  upon  them,  to  their 
immortal  Honour  !  To  determine  both  Law  and  FaEl^  and 
to  underftand  the  Petition  of  the  Bifhops  to  be  no  Libel,  that  is, 
to  contain  no  faljhood  nor  Sedition,  and  therefore  found  them 
Not  Guilty.  And  remarkable  is  the  Cafe  of  Sir  Samuel  Bar- 
nardijlon,  who  was  fined  io,oooL.  for  Writing  a  Letter,  in 
which,  it  may  be  faid,  none  faw  any  Scandal  or  Falftiood 
but  the  Court  and  Jury  ;  for  that  Judgment  was  afterwards 
looked  upon  as  a  cruel  and  deteflable  Judgment,  and  there- 
fore wasreverfed  by  Parliament.  Many  more  Inflances  might 
be  given  of  the  Complaifance  of  Court-Judges,  about  thofe 
Times,  and  before  ;  but  I  will  mention  only  one  Cafe  more, 
and  that  is  the  Cafe  of  Sir  Edward  Hales,  who  tho'  a  Roman 
Catholicky  was  by  King  James  W.  prefered  to  be  a  Colonel 
of  his  Army,  notwithftanding  the  Statute  of  25  Cha.  id 


224 


THE  CASE  AND  TRIAL 


Chap.  1.  by  which  it  is  provided,  T^hat  every  one  that  accepts  of 
an  Office  J  Civil  or  Military,  i^c.  /hall  take  the  Oaths,  fubjcribe 
the  Declaration,  and  take  the  Sacrament,  within  three  Months, 
^c.  otherwife  he  is  dijabled  to  hold  Juch  Office,  and  the  Grant 
for  the  fame  to  be  null  and  void,  and  the  Party  to  forfeit  500I. 
Sir  Edward  Hales  did  not  take  the  Oaths  or  Sacrament,  and 
was  profecuted  for  the  500./.  for  exercifing  the  Office  of  a 
Colonel  by  the  Space  of  three  Months,  without  conform- 
ing as  in  the  A61  is  diredted.  Sir  Edward  pleads,  That  the 
King  by  His  Letters  Patents  did  difpence  with  his  taking  the 
Oaths  and  Sacrament,  and  fubjcribing  the  Declaration,  and  had 
pardoned  the  forfeiture  of  500./.  And  whether  the  King's  Dif- 
penjation  was  good,  againji  the faid  of  Parliament  ?  was  the 
queftion.  I  jfhall  mention  no  more  of  this  Cafe,  than  to  fhew 
how  in  the  Reign  of  an  arbitrary  Prince,  where  Judges  hold 
their  Seats  at  Pleafure,  their  Determinations  have  not  always 
been  fuch  as  to  make  Precedents  of,  but  the  Contrary  ;  and 
fo  it  happened  in  this  Cafe,where  it  was  folemnly  judged, 'r>^<3/, 
notwithjlanding  this  A£t  of  Parliament,  made  in  the  Jirongeji 
Terms,  for  Prefervation  of  the  Protefiant  Religion,  That  yet  the 
King  had,  by  His  Royal  Prerogative,  a  Power  to  difpence  with 
that  Law ;  and  Sir  Edward  Hales  was  acquitted  by  the  Judges 
accordingly.  So  the  King's  Difpenfing  Power,  being  by  the 
Judges  fet  up  above  the  A6t  of  Parliament,  this  Law,  which 
the  People  looked  upon  as  their  chief  Security  againft  Popery 
and  Arbitrary  Power,  was  by  this  Judgment  rendred 
altogether  ineffedual.  But  this  Judgment  is  fufficiently  ex- 
pofed  by  Sir  Edward  A tkins,  hte  one  of  the 
Judges  of  the  Court  of  Common  Pleas  in  Enq''uSJ'^in1?''thi 
his  Enquiry  into  the  King's  Power  of  difpen-  Power  of  Difpenfmg 
Jing  with  pcsnal  Statutes;  where  it  is  fhewn,  with  poenal  statutes. 
Who  it  was  that  firft  invented  Difpenfations  ; 
how  they  came  into  England;  what  ill  Ufe  has 
been  made  of  them  there;  and  all  this  principally  ^^  poftfcript  to  the 
owing  to  the  Countenance  given  them  by  the  Enquiry  pag.  51. 
Judges.  He  fays  of  the  Difpenfing  Power, 
*  The  Pope  was  the  Inventor  of  it ;  our  Kings  have  bor- 

22K 


JOHN  PETER  ZENGER 


rowed  it  from  them ;  and  the  Judges  have  from  'Time  to  Time 
nurfed  and  drejfed  it  up,  and  given  it  Countenance;  and  it  is  Jiill 
upon  the  Growthy  and  encroaching,  'till  it  has  almoji  fubverted 
all  Law,  and  made  the  regal  Power  abfolute  if  not  di- 
folute.  This  feems  not  only  to  fliew  how  far  Judges  have 
been  influenced  by  Power,  and  how  little  Cafes  of  this  Sort, 
where  the  Prerogative  has  been  in  Queftion  in  former  Reigns, 
are  to  be  relied  upon  for  Law :  But  I  think  it  plainly  (hews 
too,  that  a  Man  may  ufe  a  greater  Freedom  with  the  Power 
of  His  Sovereign  and  the  Judges  in  Great-Britain,  than  it 
feems  he  may  with  the  Power  of  a  Governour  in  the 
Plantations,  who  is  but  a  Fellow  Subje6l.  Are  thefe 
Words  with  which  we  are  charged,  like  thefe?  Do  Mr. 
Zengers  Papers  contain  any  fuch  Freedoms  with  his  Gover- 
nour or  His  Council,  as  Sir  Edward  Atkins  has  taken,  with 
the  Regal  Power  and  the  Judges  in  England?  And  yet  I 
never  heard  of  any  Information  brought  againft  him  for 
thefe  Freedoms. 

If  then  upon  the  whole  there  is  fo  great  an  Uncertainty 
among  Judges  (learned  and  great  Men)  in  Matters  of  this 
Kind ;  If  Power  has  had  fo  great  an  Influence  on  Judges  ; 
how  cautious  ought  we  to  be  in  determining  by  their  Judg- 
ments, efpecially  in  the  Plantations,  and  in  the  Cafe  of 
Libels  ?  There  is  Herefy  in  Law,  as  well  as  in  Religion, 
and  both  have  changed  very  much;  and  we  well  know  that 
it  is  not  two  Centuries  ago  that  a  Man  would  have  been 
burnt  as  an  Heretick^  for  owning  fuch  Opinions  in  Matters 
of  Religion  as  are  publickly  wrote  and  printed  at  this  Day. 
They  were  fallible  Men,it  feems,and  we  take  the  Liberty  not 
only  to  differ  from  them  in  religious  Opinions,  but  to  con- 
demn them  and  their  Opinions  too  ;  and  I  mufl;  prefume, 
that  in  taking  thefe  Freedoms  in  thinking  and  fpeaking 
about  Matters  of  Faith  or  Religion,  we  are  in  the  right :  For 
tho'  it  is  faid  there  are  very  great  Liberties  of  this  Kind  taken 
in  Newe  York,  yet  I  have  heard  of  no  Information  preferred 
by  Mr.  Attorney  for  any  Offences  of  this  Sort.  From  which  I 
think  it  is  pretty  clear,  That  in  New-York,  a  Man  may 


226 


THE  CASE  AND  TRIAL 


make  very  free  with  his  God,  but  he  muft  take  fpecial  Care 
what  he  fays  of  his  Governour.  It  is  agreed  upon  by  all 
Men,  that  this  is  a  Reign  of  Liberty  ;  and  while  Men 
keep  within  the  Bounds  of  Truth,  I  hope  they  may  with 
Safety  both  fpeak  and  write  their  Sentiments  of  the  Condudl 
of  Men  in  Power  I  me[a]n  of  that  Part  of  their  Condud 
only,  which  affedts  the  Liberty  or  Property  of  the  People 
under  their  Adminiftration  ;  were  this  to  be  denied,  then  the 
next  Step  may  make  them  Slaves  :  For  what  Notions  can  be 
entertained  of  Slavery,  beyond  that  of  fuffering  the  greateft 
injuries  and  Oppreflions,  without  the  Liberty  of  complaining; 
or  if  they  do,  to  be  deftroyed,  Body  and  Eftate,  for  fo  doing  ? 

It  is  faid  and  infifted  on  by  Mr.  Attorney,  'That  Govern- 
ment is  a  /acred  'Thing  ;  That  it  is  to  be  Jupported  and  rever- 
enced;  It  is  Government  that  prote&s  our  Perjons  and  EJlates ; 
That  prevents  Treajons^  Murders^  Robberies^  Riots,  and  all 
the  Train  of  Evils  that  overturns  Kingdoms  and  States,  and 
ruins  particular  Perjons ;  and  if  thofe  in  the  Adminiftration, 
efpecially  the  Supream  Magiftrate  muft  have  all  their  ConduEl 
cenjured  by  private  Men,  Government  cannot fubjift.  This  is 
called  a  Licentioujnefs  not  to  be  toller  at  ed.  It  is  faid.  That  it 
brings  the  Rulers  of  the  People  into  Contempt,  and  their  Au- 
thority not  to  be  regarded,  and  Jo  in  the  End  the  Laws  cannot 
be  put  in  Execution.  Thefe  I  fay,  and  fuch  as  thefe,  are  the 
general  Topicks  infifted  upon  by  Men  in  Power,  and  their 
Advocates.  But  I  wifh  it  might  be  confidered  at  the  fame 
Time,  How  often  ithas  happened,that  theAbufe  of  Power  has 
been  the  primary  Caufe  of  thefe  Evils,  and  that  it  was  theln- 
juftice  andOppreffionofthefegreatMen,which has  commonly 
brought  them  into  Contempt  with  the  People.  The  Craft 
and  Art  of  fuch  Men  is  great,  and  who,  that  is  the  leaft 
acquainted  with  Hiftory  or  Law,  can  be  ignorant  of  the 
fpecious  Pretences,  which  have  often  been  made  ufe  of  by 
Men  in  Power,  to  introduce  arbitrary  Rule,  and  deftroy  the 
Liberties  of  a  free  People.  I  will  give  two  Inftances  ;  and 
as  they  are  Authorities  not  to  be  denied,  nor  can  be  mifun- 
derftood,  I  prefume  they  will  be  fufficient. 


227 


JOHN  PETER  ZENGER 

The  firft  is  the  Statute  of  3<^  of  Hen.  7.  Cap.  i.  The 
Preamble  of  the  Statute  will  prove  all,  and  more  than  I  have 
alledged.  It  begins,  *  The  King  Our  Sovereign  Lord  re- 
'  member eth  how  by  unlawful  Maintenances^  K^'^^^g  of  Liveries, 

*  Signs  and  'Tokens,  l^c.  untrue  Demeanings  of  Sheriffs  in  mak- 
'  ing  of  Pannels,  and  other  untrue  Returns,  by  taking  of  Money, 
'  by  Injuries,  by  great  Riots  and  unlawful  Affemblies ;  the 
'  Policy  and  good  Rule  of  this  Realm  is  almojl  Jubdued ;  and  for 
'  the  not  punifhing  thefe  Inconveniences,  and  by  Occafion  of  the 
'  Premiffes,  little  or  nothing  may  be  found  by  Inquiry,  i^c.  to 

*  the  increafe  of  Murders,  ^c.  and  unfureties  of  all  Men  living, 
'  and  Loffes  of  their  Lands  and  Goods'  Here  is  a  fine  and 
fpecious  Pretence  for  introducing  the  Remedy,  as  it  is  called, 
which  is  provided  by  this  Adl,  that  is  ;  inftead  of  being  law- 
fully accufed  by  24  good  and  lawful  Men  of  the  Neighbour- 
hood, and  afterwards  tried  by  12  like  lawful  Men,  here  is  a 
Power  given  to  the  Lord  Chancellor,  Lord  Treafurer,  the 
Keeper  of  the  King's  privy  Seal,  or  two  of  them,  calling 
to  them  a  Bifhop,  a  temporal  Lord,  and  other  great  Men 
mentioned  in  the  Aft,  (whom,  it  is  to  be  obferved,  were  all  to 
be  Dependants  on  the  Court)  to  receive  Information  againft 
any  Perfon  for  any  of  the  Mifbehaviours  recited  in  that 
A(5t,  and  by  their  Difcretion  to  examine,  and  to  punifh  them 
according  to  their  demerit. 

The  fecond  Statute  I  propofed  to  mention,  is  the  wth 
of  the  fame  King,  Chap,  ^d-  the  Preamble  of  which  Ad  has 
the  like  fair  Pretences  as  the  former ;  for  the  King  calling  to 
his  Remembrance  the  good  Laws  made  againjl  the  receiving  of 
Liveries,  ^c.  unlawful  Extortions,  Maintenances,  Embracery, 
&'c.  unlawful  Games,  ^c.  and  many  other  great  Enormitys, 
and  Offences  committed  againjl  many  good  Statutes,  to  the  Dij- 
pleafure  of  Almighty  God,  which,  the  Adl  fays,  could  not,  nor 
yet  can,  be  conveniently  punijhed  by  the  due  Order  of  the  Law, 
except  it  were firfi found  by  12  Men,  l^c.  which,  for  the  Caufes 
aforejaid,  will  not  find  nor  yet  prefent  the  Truth.  And  there- 
fore the  fame  Statute  diredls,  that  the  Juftices  of  Afffze,  and 
Jujlices  of  the  Peace,  fhall,  upon  Information  for  the  King  before 


228 


THE  CASE  AND  TRIAL 


them  made,  have  full  Power,  by  their  Dijcretion,  to  hear  and 
determine  all fuch  Offences.  Here  are  two  Statutes  that  are 
allowed  to  have  given  the  deepeft  Wound  to  the  Liberties 
of  the  People  of  England  of  any  that  I  remember  to  have 
been  made,  unlefs  it  may  be  faid,  that  the  Statute  made  in 
the  Time  of  Henry  St/i,  by  which  his  Proclamations  were  to 
have  theeffedl  of  Laws,  might  in  its  Confequence  be  worfe. 
And  yet  we  fee  the  plaufible  Pretences  found  out  by  the 
great  Men  to  procure  thefe  A6ts.  And  it  may  juftly  be 
faid,  That  by  thofe  Pretences  the  People  of  England  were 
cheated  or  aw'd  into  the  Delivering  up  their  antient  and 
facred  Rights  of  Tryals  by  Grand  and  Petit 
Juries.  I  hope  to  be  excufed  for  this  Ex-  4- 
preflion,  feeing  my  Lord  Coke  calls  it  an  un- 
juji  and  ft  range  AH,  that  tended  in  its  execution  to  the  great 
Dijpleajure  of  Almighty  God,  and  the  utter  fubverjion  of  the 
common  Law. 

Thefe,  I  think,  make  out  what  I  alledged,  and  are  flag- 
rant Inftances  of  the  Influence  of  Men  in  Power,  even 
upon  the  Reprefentatives  of  a  whole  Kingdom.  From  all 
which  I  hope  it  will  be  agreed,  that  it  is  a  Duty  which  all 
good  Men  owe  to  their  Country,  to  guard  againft  the  un- 
happy Influence  of  ill  Men  when  intrufted  with  Power ;  and 
efpecially  againfl:  their  Creatures  and  Dependants,  who,  as 
they  are  generally  more  neceflitous,  are  furely  more  covet- 
ous and  cruel.  But  it  is  worthy  of  Obfervation,  that  tho' 
the  Spirit  of  Liberty  was  borne  down  and  opprefl"ed  in  Eng- 
land at  that  Time,  yet  it  was  not  lofl: ;  for  the  Parliament  laid 
hold  of  the  firft:  Opportunity  to  free  the  Subjed  from  the 
many  infufferable  Oppreflions  and  Outrages  committed 
upon  their  Perfons  and  Eft;ates  by  Colour  of  thefe  Adls,  the 
lafl:  of  which  being  deemed  the  moft  grievous,  was  repealed 
in  the  firfl:  Year  of  Hen.  Sth.  Tho'  it  is  to  be  obferved, 
that  Hen.  yth.  and  his  Creatures  reap'd  fuch  great  Advan- 
tages by  the  grievous  Oppreflions  and  Exadlions,  grinding 
the  Faces  of  the  poor  Subjects,  as  my  Lord  Coke  fays,  by 
Colour  of  this  Statute  by  information  only,  that  a  Repeal  of 


229 


JOHN  PETER  ZENGER 


this  A6t  could  never  be  obtained  during  the  Life  of  that 
Prince.  The  other  Statute  being  the  favourite  Law  for 
Supporting  arbitrary  Power,  was  continued  much  longer. 
The  Execution  of  it  was  by  the  great  Men  of  the  Realm  ; 
and  how  they  executed  it,  the  Senfe  of  the  Kingdom,  ex- 
prefled  in  the  17M  of  Charles  ijl.  (by  which  the  Court  of 
Star-chamber,  the  foil  where  Informations  grew  rankeft)  will 
beft  declare.  In  that  Statute  Magna  Charta,  and  the  other 
Statutes  made  in  the  Time  of  Edw.  3^/.  which,  I  think, 
are  no  lefs  than  five,  are  particularly  enumerated  as  Afts, 
by  which  the  Liberties  and  Privileges  of  the  People  of  Eng- 
land were  fecured  to  them,  againft  fuch  oppreflive  Courts  as 
the  Star  Chamber  and  others  of  the  like  Jurifdidion.  And 
the  Reafon  affigned  for  their  pulling  down  the  Star  Cham- 
ber, is  'That  the  Proceedings,  Cenjures  and  Decrees  of  the 
Court  of  Star  Chamber,  even  tho'  the  great  Men  of  the  Realm, 
nay  and  a  Bi/hop  too  (holy  Man)  were  Judges,  had  by  Experi- 
ence been  found  to  be  an  intolerable  Burthen  to  the  Subject,  and 
the  Means  to  introduce  an  arbitrary  Power  and  Government. 
And  therefore  that  Court  was  taken  away,  with  all  the  other 
Courts  in  that  Statute  mentioned,  having  like  Jurifdi6tion. 

I  don't  mention  this  Statute,  as  if  by  the  taking  away 
the  Court  of  Star  Chamber,  the  Remedy  for  many  of  the 
Abufes  or  Offences  cenfured  there,  was  likewife  taken  away ; 
no,  I  only  intend  by  it  to  fhew,  that  the  People  of  England 
faw  clearly  the  Danger  of  truiling  their  Liberties  and  Pro- 
perties to  be  tried,  even  by  the  greateft  Men  in  the  King- 
dom, without  the  Judgment  of  a  Jury  of  their  Equals. 
They  had  felt  the  terrible  effedls  of  leaving  it  to  the  Judg- 
ment of  thefe  great  Men  to  fay  what  was  fcandalous  and 
Jeditious,  falje  or  ironical.  And  if  the  Parliament  of  England 
thought  this  Power  of  judging  was  too  great  to  be  trufted 
with  Men  of  the  firfl  Rank  in  the  Kingdom,  without  the  Aid 
of  a  Jury,  how  facred  foever  their  Characters  might  be, 
and  therefore  reftored  to  the  People  their  original  Right 
of  tryal  by  Juries,  I  hope  to  be  excufed  for  infifting,  that 
by  the  Judgment  of  a  Parliament,  from  whence  an  Appeal 

230 


THE  CASE  AND  TRIAL 

lies,  the  Jury  are  the  proper  Judges,  of  what  is  falje  at  leaft, 
if  not,  of  what  is  Jcandalous  andjeditious.  This  is  an  Authority 
not  to  be  denied,  it  is  as  plain  as  it  is  great,  and  to  fay,  that 
this  Ad  indeed  did  reftore  to  the  People  Tryals  by  Juries, 
which  was  not  the  Pradice  of  the  Star  Chamber,  but  that 
did  not  give  the  Jurors  any  new  Authority,  or  any  Right  to 
try  Matters  of  Law,  I  fay  this  Objedion  will  not  avail;  for 
I  muft  infift,  that  where  Matter  of  Law  is  complicated  with 
Matter  of  Fad,  the  Jury  have  a  Right  to  determine  both.  As 
for  Inftance ;  upon  Indidment  for  Murder,  the  Jury  may, 
and  almoft  conftantly  do,  take  upon  them  to  Judge  whether 
the  Evidence  will  amount  to  Murder  or  Manslaughter,  and 
find  accordingly;  and  I  muft  fay  I  cannot  fee,  why  in  our 
Cafe  the  Jury  have  not  at  leaft  as  good  a  Right  to  fay, 
whether  our  News  Papers  are  a  Libel  or  no  Libel  as  another 
Jury  has  to  fay,  whether  killing  of  a  Man  is  Murder  or 
Manslaughter.  The  Right  of  the  Jury,  to  find  fuch  a  Ver- 
did  as  they  in  their  Confcience  do  think  is  agreeable  to  their 
Evidence,  is  fupported  by  the  Authority  of  BuJheT s  Cafe, 
in  Vaughans  Reports,  pag.  135.  beyond  any  Doubt.  For,  in 
the  Argument  of  that  Cafe,  the  Chief  Juftice  who  delivered 
the  Opinion  of  the  Court,  lays  it  down  for  Law,  That  in  all 
General  Iffues,  as  upon  Non  Cul.  in  Tref-  »    »  n 

pafs,  Non  Tort.  Nul  Diffeizin  in  Affize,  &c.    ^'^^^^^^  ^  ^^P 
tho  it  is  Matter  of  Law,  whether  the  De-       ^'  *^°* 
fendant  is  a  T^rejpajfer,  a  Dijfeizer,  &c.  in  the  particular  Cafes 
in  Iffue,yet  the  Jury  find  not  (as  in  a  Jpecial  Verdi£f)  the  faSl 
of  every  Cafe,  leaving  the  Law  to  the  Court ;  but  find  for  the 
Plaintiff  or  Defendant  upon  the  IJfue  to  be  tried,  wherein  they 
rejolve  both  Law  and  Fa5l  complicately.    It  appears  by  the 
fame  Cafe,  that  tho'  the  difcreet  and  lawful  AfiTiftance  of  the 
Judge,  by  Way  of  Advice,  to  the  Jury,  may  be  ufeful ;  yet 
that  Advice  or  Diredion  ought  always  to  be 
upon  Suppofition,  and  not  pofitive,  and  upon  Coer-  P'^^'  ^ 
fion.  The  Reafon  given  in  the  fame  Book  is  be- 
caufe  the  Judge  {as  Judge)  cannot  know  what  the  P^^' 
Evidence  is  which  the  Jury  have,  that  \s,he  can  only  know  the 

231 


JOHN  PETER  ZENGER 


Evidence  given  in  Court :  but  the  Evidence  which  the  Jury 
have,  may  be  of  their  own  Knowledge^  as  they  are  returned  of 
the  Neighbourhood.  'They  may  alfo  know  from  their  own  Knowl- 
edge^ that  what  is  fworn  in  Court  is  not  true ;  and  they  may 
know  the  Witnejfes  to  be  Jligmatized,  to  which  the  Court  may 
be  Jlrangers.  But  what  is  to  my  Purpofe,  is,  that  fuppofe 
the  Court  did  really  know  all  the  Evidence  which  the  Jury 
know,  yet  in  that  Cafe  it  is  agreed,  That  the  Judge  and  Jury 
may  differ  in  the  ReJult  of  their  Evidence  as  well  as  two  Judges 
mayy  which  often  happens.  And  m  pag.  148.  the  Judge  fub- 
joins  the  Reafon,  why  it  is  no  Crime  for  a  Jurj  to  differ  in 
Opinion  from  the  Court,  where  he  fays,  That  a  Man  can- 
not fee  with  another's  EyCy  nor  hear  by  another's  Ear;  no  more 
can  a  Man  conclude  or  infer  the  Thing  by  anothers  Underjland- 
ing  or  Reafoning.  From  all  which  (I  infift)  it  is  very  plain, 
That  the  Jury  are  by  Law  at  Liberty  {without  any  affront  to 
the  Judgment  of  the  Court^  to  find  both  the  Law  and  the  Fa£l, 
in  our  Cafe,  as  they  did  in  the  cafe  I  am  fpeaking  to,  which 
I  will  beg  Leave  juft  to  mention,  and  it  was  this.  Mr.  Penn 
and  Mead  being  Quakers,  and  having  met  in  a  peaceable 
Manner,  after  being  fliut  out  of  their  Meeting  Houfe, 
preached  in  Grace  Church  Street  in  London,  to  the  People  of 
their  own  Perfwafion,  and  for  this  they  were  indidled  ;  and  it 
was  faid.  That  they  with  other  P erf ons,  to  the  Number  of  300, 
unlawfully  and  tumultuoufly  affembled,  to  the  Diflurbance  of  the 
Peace,  ^c.  To  which  they  pleaded.  Not  Guilty.  And  the 
Petit  Jury  being  fworn  to  try  the  iflue  between  the  King 
and  the  Prifoners,  that  is,  whether  they  were  Guilty,  accord- 
ing to  the  Form  of  the  Indiftment  ?  Here  there  was  no  Dif- 
pute  but  they  were  aflembled  together,  to  the  Number  men- 
tioned in  the  Indiftment;  But  whether  that  Meeting  to- 
gether was  riotoufiy,  tumultuoufiy,  and  to  the  Dijlurbance  of  the 
Peace?  was  the  queftion.  And  the  Court  told  the  Jury  it 
was,  and  ordered  the  Jury  to  find  it  fo  ;  For  (faid  the  Court) 
the  Meeting  was  the  Matter  of  Fact,  and  that  is  confeffed,  and 
we  tell  you  it  is  unlawful,  for  it  is  againjl  the  Statute ;  and  the 
Meeting  being  unlawful,  it  follows  of  Courfe  that  it  was  tumul- 


232 


THE  CASE  AND  TRIAL 


tuous,  and  to  the  Dijlurbance  of  the  Peace.  But  the  Jury  did 
not  think  fit  to  take  the  Court's  Word  for  it,  for  they  could 
neither  find  Rioty  'T umult,  or  any  Thing  tending  to  the  Breach 
of  the  Peace  committed  at  that  Meeting  ;  and  they  acquitted 
Mr.  Penn  znd  Mead.  In  doing  of  which  they  took  upon 
them  to  judge  both  the  Law  and  the  Fa£lj  at  which  the 
the  Court  (being  themfelves  true  Courtiers)  were  fo  much 
offended,  that  they  fined  the  Jury  40  Marks  a  piece,  and 
committed  them  till  paid.  But  Mr.  Eufhel^  who  valued  the 
Right  of  a  Juryman  and  the  Liberty  of  his  Country  more 
than  his  own,  refufed  to  pay  the  Fine,  and  was  refolved  (tho' 
at  great  Expence  and  trouble  too)  to  bring,  and  did  bring,  his 
Habeas  Corpus ^  to  be  relieved  from  his  Fine  and  Imprifon- 
ment,  and  he  was  releafed  accordingly;  and  this  being  the 
Judgment  in  his  Cafe,  it  is  eftablifhed  for  Law,  l^hat  the 
Judges,  how  great  foever  they  be,  have  no  Right  to  fine  im- 
prijon  or  punijh  a  Jury,  for  not  finding  a  Verdi^  according  to 
the  Direction  of  the  Court.  And  this  I  hope  is  fufficientto  prove. 
That  Jurymen  are  to  fee  with  their  own  Eyes,  to  hear  with 
their  own  Ears,  and  to  make  ufe  of  their  own  Confciences 
and  Underftandings,  in  judging  of  the  Lives,  Liberties  or 
Eftates  of  their  fellow  Subjecfls.  And  fo  I  have  done  with 
this  Point. 

This  is  the  fecond  informotion  for  Libelling  of  a  Gover- 
nour,  that  I  have  known  in  America.  And  the  firft,  the'  it 
may  look  like  a  Romance,  yet  as  it  is  true,  I  will  beg  Leave 
to  mention  it.  Governour  Nicholfon,  who  happened  to  be 
offended  with  one  [of]*  his  Clergy,  met  him  one  Day  upon 
the  Road,  and  as  was  ufual  with  him  (under  the  Protediion  of 
his  Commiflion)  ufed  the  poor  Parfon  with  theworft  of  Lang- 
uage, threatned  to  cut  off"  his  Ears,  flit  his  Nofe,  and  at  lafl 
to  fhoot  him  through  the  Head.  The  Parfon  being  a  rever- 
end Man,  continued  all  this  Time  uncovered  in  the  Heat  of 
the  Sun,  until  he  found  an  Opportunity  to  fly  for  it ;  and 
coming  to  a  Neighbours  Houfe  felt  himfelf  very  ill  of  a 

*  The  word  "  of"  is  missing  in  the  original  edition,  but  supplied  in  man- 
uscript by  a  contemporary  hand. 


JOHN  PETER  ZENGER 

Feaver,  and  immediately  writes  for  a  Dodor  ;  and  that  his 
Phyfician  might  the  better  judge  of  his  Diftemper,  he  ac- 
quainted him  with  the  Ufage  he  had  received  ;  concluding, 
that  the  Governour  was  certainly  mad,  for  that  no  Man  in  his 
Senfes  would  have  behaved  in  that  manner.  The  Dodlor  un- 
happily (hews  the  Parfons  Letter  ;  the  Governour  came  to 
hear  of  it ;  and  fo  an  Information  was  prefered  againft  the 
poor  Man  for  faying  he  believed  the  Governour  was  mad  ;and 
it  was  laid  in  the  Information  to  be  falje,  Jcandalous  and 
wicked, and  wrote  with  Intent  to  move  Sedition  among  the  People, 
and  bring  His  Excellency  into  Contempt.  But  by  an  Order 
from  the  late  Queen  Anne,  there  was  a  Stop  put  to  that  Prof- 
ecution,  with  fundry  others  fet  on  foot  by  the  fame  Gover- 
nour, againft  Gentlemen  of  thegreateft  Worth  and  Honour 
in  that  Government. 

And  may  not  I  be  allowed,  after  all  this,  to  fay,  That  by 
a  little  Countenance,  almoft  any  Thing  which  a  Man  writes, 
may  with  the  Help  of  that  ufeful  Term  of  Art,  called  an  In- 
nuendo, be  conftrued  to  be  a  Libel,  according  to  Mr.  Attor- 
ney's Definition  of  it.  That  whether  the  W ords  are  /poke  of  a 
Per/on  of  a  publick  Character,  or  of  a  private  Man,  whether 
dead  or  Living,  good  or  bad,  true  or  fa  If e  all  make  a  Libel; 
for  according  to  Mr.  Attorney,  after  a  Man  hears  a  Writ- 
ing read,  or  reads  and  repeats  it,  or  laughs  at  it,  they  are  all 
punifhable.  It  is  true,  Mr.  Attorney  is  fo  good  as  to  allow, 
after  the  Party  knows  it  to  be  a  Libel,  but  he  is  not  fo  kind 
as  to  take  the  Man's  Word  for  it. 

Here  were  feveral  Cafes  put  to  fliew,  That  tho'  what  a  Man  writes  of  a 
Governour  was  true,  proper  and  neceffary,  yet  according  to  the  foregoing 
Do£lrine  it  might  be  conftrued  to  be  a  Libel  :  But  Mr.  Hamilton  after  the 
Tryal  was  over,  being  informed,  That  fome  of  the  Cafes  he  had  put,  had 
really  happened  in  this  Government,  he  declared  he  had  never  heard  of 
any  fuch  ;  and  as  he  meant  no  perfonal  Refleftions.  he  was  forry  he  had 
mentioned  them,  and  therefore  they  are  omitted  here. 

Mr.  Hamilton.  If  a  Libel  is  underftood  in  the  large  and 
unlimited  Senfe  urged  by  Mr.  Attorney,  there  is  fcarce  a 
Writing  I  know  that  may  not  be  called  a  Libel,  or  fcarce 


234 


THE  CASE  AND  TRIAL 


any  Perfon  fafe  from  being  called  to  an  Account  as  a  Libel- 
ler :  For  Mqfes,  meek  as  he  was,  libelled  Cain  ;  and  who  is 
it  that  has  not  libelled  the  Devil  ?  For  according  to  Mr.  At- 
torney it  is  no  Juftification  to  fay  one  has  a  bad  Name.  Ecb- 
ard  has  libelled  our  good  King  William :  Burnet  has  libelled 
among  many  others  King  Charles  and  King  James ;  and 
Rapin  has  libelled  them  all.  How  muft  a  Man  fpealc  or 
write,  or  what  muft  he  hear,  read  or  fing  ?  Or  when  muft  he 
laugh,  fo  as  be  fecure  from  being  taken  up  as  a  Libeller  ?  I 
fincerely  believe,  that  were  fome  Perfons  to  go  thro'  the 
Streets  of  Neuu-Tork  now-a-days,  and  read  a  Part  of  the 
Bible,  if  it  was  not  known  to  be  fuch,  Mr.  Attorney,  with 
the  help  of  his  Innuendo' Sy  would  eafily  turn  it  into  a  Libel. 
As  for  inftance,  If.  IX.  i6.  'The  Leaders  of  the  People  caufe 
them  to  err,  and  they  that  are  led  by  them  are  dejiroyed.  But 
ftiould  Mr.  Attorney  go  about  to  make  this  a  Libel,  he  would 
read  it  thus  ;  The  Leaders  of  the  People  [innuendo,  the  Gov- 
ernour  and  Council  of  New-Tork^  caufe  them  [innuendo,  the 
People  of  this  Province]  to  err,  and  they  [the  People  of  this 
Province  meaning]  that  are  led  by  them  [the  Governour  and 
Council  meaning]  are  dejiroyed  [innuendo,  are  deceived 
into  the  Lofs  of  their  Liberty]  which  is  the  worft  Kind  of 
Deftrudion.  Or  if  fome  Perfons  ftiould  publickly  repeat,  in 
a  Manner  not  pleafing  to  h's  Betters,  the  lOth  and  nth 
Verfes  of  the  LVI.  Chap,  of  the  fame  Book,  there  Mr.  At- 
torney would  have  a  large  Field  to  difplay  his  Skill,  in  the  art- 
ful Application  of  his  Innuendo's.  The  Words  are.  His 
Watchmen  are  all  blind,  they  are  ignorant,  &'c.  Tea,  they  are 
greedy  dogs,  that  can  never  have  enough.  But  to  make  them 
a  Libel,  there  is  according  to  Mr.  Attorney's  Dodlrine,  no 
more  wanting  but  the  Aid  of  his  Skill,  in  the  right  adapting 
his  Innuendo's.  As  for  Inftance  ;  His  Watchmen  [innuendo,  the 
Governour's  Council  and  Aflembly]  are  [all]*  blind,  they  are 
ignorant  [innuendo,  will  not  fee  the  dangerous  Defigns  of  His 
Excellency]  Yea,  they  [the  Governour  and  Council  mean- 

*  This  word  is  supplied  in  the  original  in  manuscript  by  a  contemporary 
hand. 

235 


JOHN  PETER  ZENGER 


ing]  are  greedy  Dogs,  which  can  never  have  enough  [innuendo, 
enough  of  Riches  and  Power.]  Such  an  Inftance  as  this  is 
feems  only  only  fit  to  be  laugh'd  at ;  but  I  may  appeal  to 
Mr.  Attorney  himfelf,  whether  thefe  are  not  at  leaft  equally 
proper  to  be  applied  to  His  Excellency  and  His  Minifters, 
as  fome  of  the  Inferences  and  Innuendo's  in  his  Information 
againft  my  Client.  Then  if  Mr.  Attorney  is  at  Liberty  to 
come  into  Court,  and  file  an  Information  in  the  King's 
Name,  without  Leave,  who  is  fecure,  whom  he  is  pleafed  to 
profecute  as  a  Libeller  r  And  as  the  Crown  Law  is  con- 
tended for  in  bad  Times,  there  is  no  Remedy  for  the  greatest 
Oppreffion  of  this  Sort,  even  tho  the  Party  profecuted  is  ac- 
quitted with  Honour.  And  give  me  Leave  to  fay,  as  great 
Men  as  anyin  Briiain,ha.ve  boldly afTerted,  ThattheMode  of 
Profecuting  by  Information  (when  a  Grand  Jury  will  not  find 
Bi//a  vera)  is  a  national  Grievance,  and  greatly  inconfiftent 
with  that  Freedom,  which  the  Subjeds  of  England  enjoy  in 
moft  other  Cafes.  But  if  we  are  fo  unhappy  as  not  to  be  able 
to  ward  oif  this  Stroke  of  Power  direftly,  yet  let  us  take  Care 
not  to  be  cheated  out  of  our  Liberties,  by  Forms  and  Ap- 
pearances ;  let  us  always  be  fure  that  the  Charge  in  the  In- 
formation is  made  out  clearly  even  beyond  a  Doubt ;  for 
tho  Matters  in  the  Information  may  be  called  Form  upon 
Tryal,  yet  they  may  be,  and  often  have  been  found  to  be 
Matters  of  Subjlance  upon  giving  Judgment. 

Gentlemen ;  The  Danger  is  great,  in  Proportion  to  the 
Mifchief  that  may  happen,  through  our  too  great  Credulity. 
A  proper  Confidence  in  a  Court,  is  commendable  ;  but  as 
the  Verdidl  (what  ever  it  is)  will  be  yours,  you  ought  to  re- 
fer no  Part  of  your  Duty  to  the  Difcretion  of  other  Perfons. 
If  you  fhould  be  of  the  Opinion,  that  there  is  no  Falfhood 
in  Mr.  Zengers  Papers,  you  will,  nay  (pardon  me  for  the 
Expreffion)  you  ought  to  fay  fo ;  becaufe  you  don't  know 
whether  others  (I  mean  the  Court)  may  be  of  that  Opinion. 
It  is  your  Right  to  do  fo,  and  there  is  much  depending  upon 
your  Refolution,  as  well  as  upon  your  Integrity. 

The  lofs  of  liberty  to  a  generous  Mind,  is  worfe  than 

236 


THE  CASE  AND  TRIAL 


Death ;  and  yet  we  know  there  have  been  thofe  in  all  Ages, 
who  for  the  fake  of  Preferment,  or  fome  imaginary  Honour, 
have  freely  lent  a  helping  Hand,  to  opprefs,  nay  to  deftroy 
their  Country.  This  brings  to  my  Mind  that  faying  of  the 
immortal  Brutus,  when  he  look'd  upon  the  Creatures  of 
dejar,  who  were  very  great  Men,  but  by  no  Means  good 
Men.  '■'■Tou  Romans  Jaid  Brutus,  if  yet  I  may  call  you  Jo, 
"  conjider  what  you  are  doin^^;  remember  that  you  are  affijling 
**  Cajar  to  forge  thofe  very  Chains,  which  one  day  he  will  make 
your  felves  wear.'^  This  is  what  every  Man  (that  values 
Freedom)  ought  to  confider:  He  fhould  ad:  by  Judgment 
and  not  by  Affedlion  or  Self-Intereft  ;  for,  where  thofe  pre- 
vail. No  Ties  of  either  Country  or  Kindred  are  regarded  ; 
as  upon  the  other  Hand,  the  Man,  who  loves  his  Country, 
prefers  it's  Liberty  to  all  other  Confiderations,  well  knowing 
that  without  Liberty,  Life  is  a  Mifery. 

A  famous  Inftance  of  this  you  will  find  in  the  Hiftory 
of  another  brave  Roman  of  the  fame  Name,  I  mean  Lucius 
Junius  Brutus,  whofe  ftory  is  well  known  and  therefore  I 
fhall  mention  no  more  of  it,  than  only  to  fhew  the  Value  he 
put  upon  the  Freedom  of  his  Country.  After  this  great  Man, 
with  his  Fellow  Citizens  whom  he  had  engag'd  in  the  Caufe, 
had  banifh'd  'Tarquin  the  Proud,  the  laft  King  of  Rome,  from 
a  Throne  which  he  afcended  by  inhuman  Murders  and 
poflefs'd  by  the  moft  dreadful  Tyranny  and  Profcriptions, 
and  had  by  this  Means,  amafs'd  incredible  Riches,  even  fuf- 
ficient  to  bribe  to  his  Intereft,  many  of  the  young  Nobility 
of  Rome,  to  affift  him  in  recovering  the  Crown  ;  but  the  Plot 
being  difcovered,  the  principal  Confpirators  were  appre- 
hended, among  whom  were  two  of  the  Sons  of  Junius  Brutus. 
It  was  abfolutely  neceflary  that  fome  fhould  be  made  Ex- 
amples of,  to  deter  others  from  attempting  the  reftoring  of 
'Tarquin  and  deftroying  the  Liberty  of  Rome.  And  to 
effedl  this  it  was,  that  Lucius  Junius  Brutus,  one  of  the  Con- 
fuls  of  Rome,  in  the  Prefence  of  the  Roman  People,  fat  Judge 
and  condemned  his  own  Sons,  as  Traitors  to  their  Country : 
And  to  give  the  laft  Proof  of  his  exalted  Virtue,  and  his 


237 


JOHN  PETER  ZENGER 


Love  of  Liberty  :  He  with  a  Firmnefs  of  Mind,  (only  be- 
coming fo  great  a  Man)  caus'd  their  Heads  to  be  ftruck  off 
in  his  own  Prefence  ;  and  when  he  obferv'd  that  his  rigid 
Virtue,  occafion'd  a  fort  of  Horror  among  the  People,  it  is 
obferv'd  he  only  faid.  "  My  Fellow-Citizens,  do  not  think  that 
"  this  Proceeds  from  any  W ant  of  natural  Affection  :  No,  The 
"  Death  of  the  Sons  of  Brutus  can  affe£t  Brutus  only  ;  but  the 
"  Lofs  of  Liberty  will  affeSl  my  Country''  Thus  highly  was 
Liberty  efteem'd  in  thofe  Days  that  a  Father  could  facri- 
fice  his  Sons  to  fave  his  Country,  But  why  do  I  go  to 
Heathen  i^owd-,  to  bring  Inftances  of  the  Love  of  Liberty,  the 
beft  Blood  in  Britain  has  been  ftied  in  the  Caufe  of  Liberty  ; 
and  the  Freedom  we  enjoy  at  this  Day,  may  be  faid  to  be 
(in  a  great  Meafure)  owing  to  the  glorious  Stand  the  famous 
Hamden,  and  other  of  our  Countrymen,  made  againft  the 
arbitrary  Demands,  and  illegal  Impofitions,  of  the  Times 
in  which  they  lived  ;  who  rather  than  give  up  the  Rights  of 
Englifhmen,  and  fubmit  to  pay  an  illegal  Tax,  of  no  more, 
I  think,  than  3  shillings,  refolv'd  to  undergo,  and  for  their 
Liberty  of  their  Country  did  undergo  the  greateft  Extrem- 
ities, in  that  arbitrary  and  terrible  Court  of  Star  Chamber, 
to  whofe  arbitrary  Proceedings,  (it  being  compos'd  of  the 
principal  Men  of  the  Realm,  and  calculated  to  fupport  ar- 
bitrary Government)  no  Bounds  or  Limits  could  be  fet,  nor 
could  any  other  Hand  remove  the  Evil  but  a  Parliament. 

Power  may  juftly  be  compar'd  to  a  great  River,  while 
kept  within  it's  due  Bounds,  is  both  Beautiful  and  Ufeful  ; 
but  when  it  overflows,  it's  Banks,  it  is  then  too  impetuous 
to  be  fl:emm'd,  it  bears  down  all  before  it,  and  brings  De- 
ftrudlion  and  Defolation  wherever  it  comes.  If  then  this  is 
the  Nature  of  Power,  let  us  at  leafl  do  our  Duty,  and  like 
wife  Men  (who  value  Freedom)  ufe  our  utmofl:  Care 
to  fupport  Liberty,  the  only  Bulwark  againft  lawlefs  Power, 
which  in  all  Ages  has  facrificed  to  it's  wild  Luft  and  bound- 
lefs  Ambition,  the  Blood  of  the  beft  Men  that  ever  liv'd. 

I  hope  to  be  pardon'd  Sir  for  my  Zeal  upon  this  Occa- 
fion ;  it  is  an  old  and  wife  Caution.  That  when  our  Neigh- 


238 


THE  CASE  AND  TRIAL 


hours  Houfe  is  on  Fire,  we  ought  to  take  Care  of  our  own.  For 
tho'  Blefled  be  God,  I  live  in  a  Government  where  Liberty 
is  well  underftood,  and  freely  enjoy'd  :  yet  Experience  has 
fhewn  us  all  (I'm  fure  it  has  to  me)  that  a  bad  Precedent  in 
one  Government,  is  foon  fet  up  for  an  Authority  in  another; 
and  therefore  I  cannot  but  think  it  mine,  and  every  Hon- 
eft  Man's  Duty,  that  (while  we  pay  all  due  Obedience  to 
Men  in  Authority)  we  ought  at  the  fame  Time  to  be  upon 
our  Guard  againft  Power,  wherever  we  apprehend  that  it 
may  afFed  ourfelves  or  our  Fellow-Subjefts, 

I  am  truly  very  unequal  to  fuch  an  Undertaking  on 
many  Accounts.  And  you  fee  I  labour  under  the  Weight 
of  many  Years,  and  am  born  down  with  great  Infirmities  of 
Body  ;  yet  Old  and  Weak  as  I  am,  I  fhould  think  it  my 
Duty  if  required,  to  go  to  the  utmoft  Part  of  the  Land, 
where  my  Service  cou'd  be  of  any  Ufe  in  aflifting  to  quench 
the  Flame  of  Profecutions  upon  Informations,  fet  on  Foot 
by  the  Government,  to  deprive  a  People  of  the  Right  of 
Remonftrating,  (and  complaining  too)  of  the  arbitrary  At- 
tempts of  Men  in  Power.  Men  who  injure  and  opprefs 
the  People  under  their  Adminiftration  provoke  them  to  cry 
out  and  complain  ;  and  then  make  that  very  Complaint  the 
Foundation  for  new  Oppreflions  and  Profecutions.  I  wifh 
I  could  fay  there  were  no  Inftances  of  this  Kind.  But  to 
conclude ;  the  Queftion  before  the  Court  and  you  Gentle- 
men of  the  Jury,  is  not  of  fmall  nor  private  Concern,  it  is 
not  the  Caufe  of  the  poor  Printer,  nor  of  New-Tork  alone, 
which  you  are  now  trying:  No!  It  may  in  it's  Confe- 
quence,  afFedl  every  Freeman  that  lives  under  a  Britifh  Gov- 
ernment on  the  main  of  America.  It  is  the  bell  Caufe.  It  is 
the  Caufe  of  Liberty  ;  and  I  make  no  Doubt  but  your  up- 
right Condudl,  this  Day,  will  not  only  entitle  you  to  the 
Love  and  Efteem  of  your  Fellow-Citizens  ;  but  every  Man 
who  prefers  Freedom  to  a  Life  of  slavery  will  blefs  and 
honour  You,  as  Men  who  have  baffled  the  Attempt  of  Ty- 
ranny ;  and  by  an  impartial  and  uncorrupt  Verdidt,  have 
laid  a  noble  Foundation  for  fecuring  to  ourfelves,  our  Pof- 


239 


JOHN  PETER  ZENGER 


terity,  and  our  Neighbours,  That,  to  which  Nature  and  the 
Laws  of  our  Country  have  given  us  a  Right,-  -  the  Liberty 

 both  of  expofingand  oppofing  arbitrary  Power  (in  thefe 

Parts  of  the  World,  at  leaft)  by  fpeaking  and  writing  Truth. 

Here  Mr.  Attorney  objerv  d^that  Mr.  Hamilton  had  gone 
very  much  out  of  the  JVay,  and  had  made  himjelf  and  the 
People  very  merry  :  But  that  he  had  been  citing  Cajes, 
not  at  all  to  the  Purpoje ;  he  Jaidy  there  was  no  Juch  Cauje 
as  Mr.  Bufliel'j  or  Sir  Edward  Hales  before  the  Court ; 
and  he  could  not  find  out  what  the  Court  or  fury  had  to  do 
with  Difpenfations,  Riots  or  unlawful  Affemblies :  All 
that  the  Jury  had  to  confider  of  was  Mrs.  ZengerV 
Printing  and  Publifhing  two  fcandalous  Libels^  which  very 
highly  reflected  on  his  Excellency  and  the  principal  Men 
concern  d  in  the  A dminiji ration  of  this  Government,  which 
is  confefsd.  'That  is,  the  Printing  and  Publifhing  of  the 
Journals  Jet  forth  in  the  Information  is  confefs'd.  And  con- 
cluded that  as  Mr.  Hamilton  had  confejs  d  the  Printing, 
and  there  could  be  no  doubt  but  they  were  fcandalous  Papers, 
highly  refleSiing  upon  his  Excellency,  and  the  principal  Mag- 
ijiratesin  the  Province.  And  therefore  he  made  no  Doubt 
but  the  Jury  would find  the  Defendant  Guilty,  and  would 
refer  to  the  Court  for  their  Direction. 

Mr.  Ch.  Jufi.  Gentlemen  of  the  Jury.  The  great  Pains 
Mr.  Hamilton  has  taken,  to  ftiew  how  little  Regard  Juries 
are  to  Pay  to  the  Opinion  of  the  Judges  ;  and  his  infilling 
fo  much  upon  the  Condudt  of  fome  Judges  in  Tryals  of  this 
kind;  is  done  no  doubt,  with  a  Defign  that  you  fliould  take 
but  very  little  Notice,  of  what  I  might  fay  upon  this  Occa- 
fion.  I  Ihall  therefore  only  obfervetoyou  that,  as  the  Fads 
or  Words  in  the  Information  are  confefTed:  The  only  Thing 
that  can  come  in  Queftion  before  you  is,  whether  the  Words 
as  fet  forth  in  the  Information  make  a  Lybel.  And  that  is  a 
Matter  of  Law,  no  Doubt,  and  which  you  may  leave  to  the 
Court.  But  I  fhall  trouble  you  no  further  with  any  Thing 

240 


THE  CASE  AND  TRIAL 


more  of  my  own,  but  read  to  you  the  Words  of  a  learned 
and  upright  Judge  *  in  a  cafe  of  the  like  Nature. 

*  'To  Jay  that  corrupt  Officers  are  appointed  to  adminijler  Af- 
^  fairs,  is  certainly  a  Reflection  on  the  Government.  If  People 
'  fhould  not  be  called  to  account  for pojfeffing  the  People  with  an 
'  /'//  Opinion  of  the  Government,  no  Government  can  Jubfift,  For 
'  /'/  is  very  necejfary  for  all  Governments  that  the  People  fhould 
'  have  a  good  Opinion  of  it.  And  nothing  can  be  uoorje  to  any 
'  Government,  than  to  endeavour  to  procure  Animojities;  as  to  the 
'  Management  of  it,  this  has  been  always  look'd  upon  as  a  Crime, 

*  and  no  Government  can  be  Jafe  without  it  be  punifhed. 

*  Now  you  are  to  confider,  whether  theje  Words  I  have  read 

*  to  you,  do  not  tend  to  beget  an  ill  Opinion  of  the  Adminiftra- 

*  tion  of  the  Government  ?  To  tell  us,  that  thoje  that  are  em- 
'  ployed  know  nothing  of  the  Matter,  and  thoJe  that  do  know 

*  are  not  employed.  Men  are  not  adapted  to  Offices,  hut  Offices,  to 
'  Men,  out  of  a  particular  Regard  to  their  Intereft,  and  not  to 

*  their  Fitnefs  for  the  Places;  this  is  the  Purport  of  thefe 
'  Papers. 

Mr.  Hamilton.  I  humbly  beg  Your  Honours  Pardon : 
I  am  very  much  misapprehended,  if  you  fuppofe  what  I  faid 
was  fo  defigned. 

Sir,  you  know;  I  made  an  Apology  for  the  Freedom  I 
found  my  felf  under  a  Neceffity  of  ufing  upon  this  Occafion. 
I  faid,  there  was  Nothing  perfonal  defigned;  it  arofe  from  the 
Nature  of  our  Defence. 

The  Jury  withdrew  and  in  a  fmall  Time  returned  and 
being  afked  by  the  Clerk  whether  they  were  agreed  of  their 
Verdidl,  and  whether  John  Peter  Zenger  was  guilty  of  Print- 
ing and  Publifhing  the  Libels  in  the  Information  mentioned  ? 
They  anfwered  by  Thomas  Hunt,  their  Foreman,  Not  Guilty, 
Upon  which  there  were  three  Huzzas  in  the  Hall,  which 
was  crowded  with  People  and  the  next  Day  \  was  difcharged 
from  my  Imprifonment. 

*  Ch.  J.  Holt  in  Tutchin's  Cafe. 


241 


JOHN  PETER  ZENGER 


APPENDIX. 

City  of   \  .    A     aCommon  Council,  held  at  the  City — 
New-York  y  '        Hall  of  the  faid  City,  on  Tuejday  the 
Sixteenth  Day  of  SeptemberyKrvno  Dom. 

^735- 

PRESENT. 

Paul  Richards  Efq;  Mayor. 

Gerardus  Stuyvejant  Efq;  Deputy-Mayor. 

Daniel  Horjmanden^  Efq;  Recorder. 

ALDERMEN. 

William  Roome  Efq;  John  Walter  Efq;  Stephen  Bayard  Efq; 
Simon  JohnJonl^Xo^^  Chrijlopher  Fell¥.{c[\  Johannes  BurgerKfq; 

ASSISTANTS. 

M.r.  Johannes  Waldron.  Nf  r.  John  Moore.  WLr.  Charles  LeRoux. 
Mr.  Ede  Myer.  Mr.  John  Fred.  Evert  By vanck. 

Ordered,  T^hat  Andrew  Hamilton,  EJq;  of  Philadelphia, 
Barrijler  at  Law,  be  prejented  with  the  Freedom  of  this  Cor- 
poration ;  and  that  Alderman  Bayard,  Alderman  Johnfon,  and 
Alderman  Fell,  be  a  Committee  to  bring  in  a  Draught  thereof 

City  of  A  T  a  Common-Council,  held  at  the  City- 

New-Tork.  y^'  Hall  of  the  faid  City  on  Monday  the 
twenty  Ninth  Day  of  September,  being  the 
Feaft  Day  of  St. Michael t\it  Archangel  Anno 
Dom.  1735. 

PRESENT. 

Paul  Richards  Efq;  Mayor. 
Daniel  Horfmanden,  Efq;  Recorder. 


242 


THE  CASE  AND  TRIAL 


ALDERMEN. 

tVilliam  Roome^  Efq;  John  Walter  Efq;  Stephen  Bayard^  Efq  ; 
Simon  JohnJon,¥.(c[\  Chrijiopher  Fell,^{c[\Johannes  5«r^(?r  Efq; 

ASSISTANTS. 

yix.JohannesWaldron.  yix. Charles LeRoux.  yir.Henry  Bogart. 
Mr.  John  Fred.  Mr.  Evert  Byvank. 

Stephen  Bayard  Simon  Johnfon  and  Chriftopher  Fell, 
Efqrs.  Alderman^  to  whom  it  was  referred  to  prepare  the 
Draught  of  the  Freedom  of  this  Corporation^  to  be  prejented  to 
Andrew  Hamilton  EJq;  make  their  Report  thereon^  in  the 
Words  following  (to  wit)  'That  they  have  prepared  the  Form 
of  the  Grants  to  the  Jaid  Andrew  Hamilton,  EJq;  of  the  Free- 
dom of  the  City  of  New-York,  in  theje  words  (to  wit). 

City  of  )  .  p^C/Li^/CZ/y^/^D^"  Efq;  the  Recorder  Al- 
New-Tork.  J-^  *  dermenand  AfTiftantsof  theCityof  New- 
Tork,  convened  in  Common-Council,  To 
all  whom  thefe  Prefents  fhall  come  Greeting.  WHEREAS, 
Honour  is  the  JuftReward  of  Virtue,  and  publick  Benefits  de- 
mand a  publick  Acknowledgment.  We  therefore,  under 
a  grateful  Senfe  of  the  remarkable  Service,  done  to  the  In- 
habitants of  this  City  and  Colony>by  y/«(^r(?w  Hamilton,  Kfq; 
of  Pennftlvania,  Barrifter  at  Law,  by  his  Learned  and  gen- 
erous Defence  of  the  Rights  of  Mankind, and  theLiberty  of 
the  Prefs,  in  the  Cafe  of  John  Peter  Zenger,  lately  tried  on  an 
Information  exhibited  in  the  Supream-Court  of  this  Colony, 
do  by  thefe  Prefents,  bear  to  the  faid  Andrew  Hamilton 
Efq;  the  publick  Thanks  of  the  Freemen  of  this  Corpora- 
tion for  that  fignal  Service,  which  he  Chearfully  undertook 
under  great  Indifpofition  of  Body,  and  generoufly  performed, 
refufing  any  Fee  or  Reward  :  And  in  Teftimony  of  our  great 
Eeem*  for  his  Perfon,  and  Senfe  of  his  Merit,  do  hereby 
prefent  him  with  the  Freedom  of  this  Corporation.  Thefe 
are  therefore  to  Certify  and  Declare,  that  the  faid  Andrew 

*So  printed  in  the  original  for  Efteem," 

243 


JOHN  PETER  ZENGER 


Hamilton  Efq  ;  is  hereby  admitted,  received  and  allowed  a 
Freedom*  and  Citizen  of  the  faid  City:  To  Have,  Hold,  En- 
joy and  Partake  of  all  the  Benefits  Liberties,  Priviledges, 
Freedoms  and  Immunities  whatfoever  granted  or  belonging 
to  a  Freeman  and  Citizen  of  the  fame  City.  In  Tejlimony^ 
whereof  the  Common  Council  of  the  faid  City,  in  Common 
Council  aflembled,  have  caufed  the  Seal  of  the  faid  City  to 
be  hereunto  affixed  this  Twenty  Ninth  Day  of  Septem- 
ber. Anno  Domini  One  'Thousand  Seven  Hundred  and  Thirty 
Five. 

By  Order  of  the  Common  Council 

William  Sharpas.  Clerk 

And  we  do  further  Report ,  that  Jundry  of  the  Members  of 
this  Corporation  and  Gentlemen  of  this  City  have  voluntarily 
Contributed  Jufficent  for  a  Gold  Box  of  five  Ounces,  and  a  half 
for  Inclofing  the  Seal  of  the  faid  Freedom ;  Upon  the  Lid  of 
which,  we  are  of  Opinion  fhould  be  engraved  the  Arms  of  the 
City  of  New-York  :  Witnefs  Our  Hands  this  Twenty  Ninth 

o/"  September,  1735. 

Stephen  Bayard' 
Simon  Johnfon. 
Chriftopher  Fell. 

Which  Report  is  approved  by  this  Court,  and  Ordered,  That 
the  Freedom  and  Box  be  forthwith  made,  purfuant  to  the  faid 
Report,  and  that  Mr.  Sharpas,  the  Common  Clerk  of  this  City, 
do  affix  the  Seal  to  the  fame  Freedom,  and  inclofe  it  in  the  faid 
Box. 

Mr.  Alderman  Bayard  going  to  Philadelphia  and  offering 
to  be  the  Bearer  of  the  faid  Freedom  to  Mr.  Hamilton,  Or- 
dered, That  Mr.  Sharpas,  deliver  it  to  Alderman  Bayard  for 
that  Purpoje ;  and  that  Alderman  Bayard  do  deliver  it  to  Mr. 
Hamilton,  with  Affurances  of  the  great  EJleem,  that  this  Cor- 
poration have  for  his  Perfon  and  Merit. 

*  So  given  in  the  original  for  "  Freeman." 

244 


THE  CASE  AND  TRIAL 


City  of    )  ^  At  a  Common-Council,  held  at  the  City- 
New-Tork  y  '       Hall  of  the  faid  City,  on  Wednejday  the 
fifteenth  Day  of  O^ober,  Anno  Domini 


^735- 


PRESENT. 


Paul  Richards,  Efq;  Mayor. 
Daniel  Horfemanden,  Efq;  Recorder. 


ALDERMEN. 


John  Walter,  Efq; 
Simon  John/on,  Efq; 


William  Roome,  Efq; 
Johannes  Burger,  Eiq; 


ASSISTANTS. 


^x. Johannes  Waldron,  yix.Gerrardus  Beekman,  Mr.  Henry 
Mr.  Abraham  de  Peyjler,  Mr.  Peter  Stoutenburgh.  Bogart. 

Ordered,  That  the  Freedom,  granted  by  this  Corporation, 
to  Andrew  Hamilton,  Efq;  with  the  Report  of  the  Commit- 
tee, for  preparing  a  Draught  of  the  fame  and  the  Order  of  this 
Court,  thereon,  may  be  printed. 


Round  on  the  Lid  of  the  Box  mentioned  in  the  above  faid  Report  and  Order, 
there  is  engraved  not  only  the  Arms  of  the  City  of  Nenv-Tork,  but  alfo  this  Motto 
in  a  Garter ; 

DEMERS-iE   LEGES-TIMEFACTA  LIBERTAS-H^C  TANDEM 
EMERGUNT. 

On  the  inner  Side  of  the  Lid  of  the  Box  fhewing  it  felf  at  the  fame  Time  with 
the  Certificate  of  the  Freed<Jm;  There  is  Engraven  in  a  flying  Garter,  thefe  Words. 

NON  NUMMIS,  VIRTUTE  PARATUR. 

As  an  Incentive  to  publick  Virtue,  on  the  Front  of  the  Rim  of  the  faid 
Box,  there  is  Engraven  a  Part  of  Tully' s  Wi(h; 

ITA  CUIQUE  EVENIAT,  UT  DE  REPUBLICA  MERUIT. 

Which  Freedom  and  Box  was  prefented  in  the  Manner  that  had  been 
direfled,  and  gratefully  accepted  by  the  faid  Andrew  Hamilton,  Efq; 


William  Sharpas. 


245 


JOHN  PETER  ZENGER 


ERRATA. 

Pag.  12  Lin.  for  Who  read  tho'.  The  same  Page, 
Lin.  9.  for  Freeholders  read  Freehold.  The  same  Page,  Lin. 
I \.  for  be  out  read  be  left  out.  Pag.  13.  Lin.  penult,  for  said 
the  read  the  said. 


New-York,  Printed  and  fold  by  JoAn  Peter  Zenger.  MDCCXXXVI. 


A  brief  Narrative  of  the  Cafe  and  Try - 


al  of  John  Peter  Zenger.Wmtct  of  th 
Nem-York  meekly  Journal 


5      etc  was  but  one  Printer  m  the  Province  of  fee-r^ri  thnt 
printa!  a  publick Newspaper,  I  wms  in  Hopes.  !f  I  undertoc'  n-K. 
J.fii  another,  J  might  niakeiL  vorth  njy  v.  hiJe  ^  jnd  1  " 
ruv  Hopes  were  not  ground !cK:    My  \nl\  P.:p>T  wa-^  prin 
5f^,  179^.   andl  continued  nriiuin';  and  p:!blin}in<T 
!ho;j<^hr  to  thc  Sati'-ftaioti  of  ex'prv  Bodv,  tdl  the  Jrvui.ny  f.,n      -         ,  . . 
Chief  Jufticc  w.^s  pic.ill  d  to  animadvert  upon  the  DoftrineV  :  1, ,  ,  v 

■f   "    '  '  ■  '     •     ^     >  y,j  j-jj^,  third 

,    ,  'i^f  J^'iy  in  tfjc 


'  Gettth'incn  \    j  ■'rdi  copc  i 

Tinic  Bo.'>k,  roncrr;!-!)!?-  f 
I  cd!  loudly 
'       at  the  ra: 

is  cndea\'our, 
■  Degrees.  w\i{< 

you  ha\'c  fet n  wi  11  nu' 


U'itfi  re;. 
:.  Xhcv 


on 


is  h!c;h  1  inic  to  p' 
'■1,  when  ail  Ordt : 
Reilcclions  are  cafl  ! 


as  of  ali 
•'Ct  d/Lenltv, 
after  the  Of 


'  Jyc 

'  he  fai'i  t-- 
Manner  ' 


U)  part, 


is  Lei-: 
^  fi[f(j  that  be  -rtba  /Jii'i/iv 
^  punilbed  for  it  ;  a>id  it  ii  ,  . 
'  kne  w  anj  Thing  of  the  Con; 


FACSIMILE  FIRST  PAGE,  FIRST  EDITION  OF  THE  TRIAL. 


BIBLIOGRAPHY 
OF  THE  TRIAL  OF  JOHN  PETER  ZENGER 

1736 

HREE  rows  of  printer's  ornaments.  A  brief 
Narrative  of  the  Case  and  Try-/al  of  John 
Peter  Zenger^  Printer  of  the / New- Tori  weekly 
Journal,  j  [One  row  of  ornaments.] 

[Colophon:]  New- York,  Printed  and  sold 
by  John  Peter  Zenger^  MDCCXXXVI./ 

Folio,  20  leaves. 

Collation:  No  separate  title-page.  Text,  pages  1  to  [40],  15-40  being 
wrongly  numbered  17-42. 

This  is  the  first  edition  of  the  "Trial.** 

1737 

[Two  rows  of  printer's  ornaments.]  /REMARKS/ON/Z^w^^r'x 
TRYAL, /Taken  out  of  the  Barbados  Gazette's. /For  the  Benefit 
of  the  Students  mf Law^  and  others  in  North  Jmerica./ [^ly^J-^ 

i2mo,  36  leaves. 

Collation  :  No  separate  title-page.  Above  heading  at  top  of  page  1.  Let- 
ter, signed  "Anglo  Americanus,"  dated  "Bridge-Town,  June  24,  1737," 
pages  1-5;  text,  with  heading,  "From  the  Barbados  Gazette,  No  439  |  Re- 
marks on  Zenger's  Trial,"  pages  6-39;  letter,  beginning  "Mr.  Keimer," — 
signed  "  Anglo  Americanus,"  dated  "Bridge-Town,  |  July  20,  |  1737,"  page 
40J  part  2,  with  heading,  "Remarks  |  on  |  Zenger's  Tryal,  |  Taken  out  of  the 
Barbados  Gazette,  |  N"  446,  &c  |  Part  II."  signed  "  Indus  Britannicus. "  dated 
"Bridge-Town,  |  July  29,  1 737."  pages  [41] -71;  blank  page  [72]. 

Nos.  466,  467,  468  and  469  of  the  Pennsyl'vania  Gaxette  contain  a  reply 
to  this  written  by  James  Alexander. 


249 


JOHN  PETER  ZENGER 


1738 

[Two  rows  of  printer's  ornaments.]  /  A  brief  NARRATIVE 
of  the  Case/and  Tryal  of  John  Peter  Zenger^  Printer/of  the  New- 
Tor  k  weekly  Journal./ 

[Colophon  :]  BOSTON  :/Primed  and  Sold  by  THOMAS 
FLEET,  at  the  Heart  and  Crown  in/Cornhill,  1738./ 

4to,  24  leaves. 

Collation  :  No  separate  title-page;  text  and  Appendix,  pages  1-48. 

THE/TRYAL/OF/7c^«  Peter  Z^«^^r,/OF/NEW-YORK, 
PRINTER,/ Who  was  lately  Try'd  and  Acquitted  for  PRINTING 
and/PUBLISHING  a  LIBEL  against  the  Government,/  With 
the  PLEADINGS  and  ARGUMENTS  on  both  Sides.///« 
CUIQUE  eveniat^  ut  de  REPUBLICA  meruit.  (Cicero.)/  [Print- 
er's ornament,] /ZcW(7« ;  Printed  for  J.  WILFORD,  behind  the 
Chapter-House,  St.  Paul's/ Church- Yard,  1738./ 

4to,  1 7  leaves. 

Collation  :  Title,  1  page  ;  blank,  i  page;  text  and  Appendix,  pages  i-ji. 

THE/TRYAL/OF/>y?'«  Peter  Z^«^^r,/OF/NEW-YORK, 
PRINTER,/ Who  was  lately  Try'd  and  Acquitted  for  PRINTING 
and/PUBLISHING  a  LIBEL  against  the  Government./  With 
the  PLEADINGS  and  ARGUMENTS  on  both  Sides.///^  CUI- 
QUE evenlat^  ut  de  REPUBLICA  meruit.  (Cicero)  /  THE 
SECOND  EDITION,/ [Printer's  ornament,]  London:  Printed 
for  J.  WILFORD,  behind  the  Chapter-House,  St.  P^7a/'j/ Church- 
Yard,  1738./ 

4to,  17  leaves. 

Collation  :  Title,  1  page;  blank,  i  page;  text  and  Appendix,  pages  1-32, 

THE/TRYAL/OF/y^/'w  Peter  Z^«^^r,/OF/NEW-YORK, 
PRINTER,/ Who  was  lately  Try'd  and  Acquitted  for  PRINTING 
and/PUBLISHING  a  LIBEL  against  the  Government./ With  the 
PLEADINGS  and  ARGUMENTS  on  both  Sides./^a  CUIQUE 
eveniat^  ut  de  REPUBLICA  meruit.  (Cicero)/The  THIRD  EDI- 
TION./[Printer's  ornament.] /Zo«^5«;  Printed  for  J.  WILFORD, 
behind  the  Chapter-House,  St.  Pi7«/'x/ Church- Yard,  1738./ 

4to,  17  leaves. 

Collation;  Title,  i  page;  blank,  i  page;  text  and  .Appendix,  pages  1-32. 


250 


BIBLIOGRAPHY 


THE/TRYAL/OF/y^/^n  Peter  Z^«^^r,/OF/NEW-YORK, 
PRINTER,/ Who  was  lately  Try'd  and  Acquitted  for  PRINTING 
and/PUBLISHING  a  LIBEL  against  the  Government./With  the 
PLEADINGS  and  ARGUMENTS  on  both  Sides.///^  CUIQUE 
eveniat,  ut  de  REPUBLICA  meruit.  (Cicero)/The  FOURTH 
EDITION./.  [Printer's  Ornament.] /ZoWcw;  Printed  for  J.  WIL- 
FORD,behindthe  Chapter-House,  St.  Pa«/'f/Church-Yard,  1738./ 

4to,  17  leaves. 

Collation;  Title,  1  page;  blank,  1  page;  text  and  Appendix,  pages  x-32. 

REMARKS/  ON  THE/ TRIAL/  OF/  John-Peter  Zenger,/ 
PRINTER  of  the/NEW-YORK  Weekly  Journal,/ Who  was 
lately  Try'd  and  Acquitted  for/Printing  and  Publishing  TWO 
LIBELS/Against  the/Government  of  that  PROVINCE./LON- 
DON:  /Printed  for  J.  ROBERTS  in  IVarwick-Lane.  MDCC- 
XXXVIII./(Price  One  Shilling)/ 

4to,  16  leaves. 

Collation:  Title  i  page;  blank,  i  page;  Preface,  a  pages;  text,  signed  at 
end  "Indus  Britannicus,"  pages  [i]-27  ;  blank,  page  [28]. 

[Two  rows  of  printer's  ornaments.]  /A  BRIEF/NARRATIVE 
/OF  THE/CASE  and  TRIAL  a/JOHN  PETER  ZENGER,/ 
Printer  of  the  NEW-YORK  Weekly  Journal  j 

4to,  16  leaves. 

Collation:  No  separate  title-page.    Text  and  Appendix,  pages  i- j». 
This  edition  of  the  trial  is  apparently  an  English  one ;  it  strongly  resembles 
Wilford's  editions,  but  is  as  yet  unidentified. 

1750 

THE/CASE  and  TRYAL/OF/JOHN  PETERZENGER,/ 
OF/NEW-YORK,/PRINTER,/Who  was  lately  tryed  and  ac- 
quitted for  PRINT-/ING  and  PUBLISHING  a  LIBEL  against 
the/GOVERNMENT./WITH/The  PLEADINGS  and  AR- 
GUMENTS on  both  Sides.///^  CUIQUE  eveniat,  ut  de  REPUB- 
LICA meruit.  CICERO./LONDON:/Printed  for  J.  WILFORD, 
behind  the  Chapter-House,  ^t.J Paul's  Church- Yard,  1 750. /[Price 
a  British  Sixpence.]  / 

8vo,  JO  leaves. 

Collation:  Title,  page  [i] ;  blank,  page  [2] ;  text  and  Appendix,  pages  j-60. 

151 


JOHN  PETER  ZENGER 


1752 

THE/TRIAL/ OF/ Peter  Z^K^^r,/OF/NEW-YORK, 
PRINTER;/ Who  was  Tried  and  Acquitted,/For  PRINTING 
and  PUBLISHING  a  LIBEL/against  the  Government./ WITH/ 
The  PLEADINGS  and  ARGUMENTS  on  both  Sides.///a 
CUIQUE  eveniat,  ut  de  REPUBLICA  meruit.  Cic./ [Printer's  or- 
nament.]/LONDON  :/Printed  for  P.  BROWN,  in  Fleet-Street. 
MDCCLII./(Price  One  Shilling  and  Sixpence.)/ 

8vo,  40  leaves. 

Collation:  Title,  1  page;  blank,  i  page;  Preface,  z  pages;  text  and  Appen- 
dix, pages  [i]-[76]. 

1756 

A  BRIEF/NARRATIVE/OF  THE/CASE  AND  TRIAL/ 
OF/JOHN  PETER  ZENGER,  Printer  of  the/NEW-YORK 
WEEKLY-JOURNAL.  /  [Printer's  ornament.]  NEW-YORK 
Printed:/LANCASTER  Re-printed,  and  Sold  by  W.  DUN- 
LAP,/at  the  New  Printing-Office^'in  ^een-Street^  ^IS^'I 

Folio,  20  leaves. 

Collation:  Title,  page  [i]  ;  blank,  p.  [2] ;  text  and  Appendix,  pages[3]- 
[40]. 

1765 

THE/TRIAL/OF/JOHN  PETER  ZENGER,/OF  NEW 
YORK,  PRINTER:/ Who  was  charged  with  having  printed  and 
published/a  LIBEL  against  the  Government;  and  acquitted./ 
WITH  /A  NARRATIVE  OF  HIS  CASE./To  which  is  now  added, 
being  never  printed  before,/THE  TRIAL/OF/MR.  WILLIAM 
OWEN,/BOOKSELLER,  near  TEMPLE-BAR,/Who  was  also 
Charged  with  the  Publication  of  a  LIBEL/against  the  GOVERN- 
MENT;  of  which  he  was  honour-/ably  acquitted  by  a  Jury  of 
Free-born  Englishmen,/ Citizens  of  London./  [Printer's  ornament.]  / 
LONDON  :/Printed  for  J.  ALMON,  opposite  Burlington-House, 
Piccadilly./MDCCLXV./(Price  One  Shilling.)/ 

8vo,  30  leaves. 

Collation:  Title,  page  [i];  notice  of  the  new'edition,  10  lines,  pages  [2]; 
text,  page  [3] -48  ;  text  of  trial  of  Mr.  William  Owen,  u  pages;  publisher's 
advertisements,  i  page. 


252 


BIBLIOGRAPHY 


1770 

A  BRIEF/NARRATIVE/OF  THE/CASE  and  TRIAL/ 
OF /JOHN  PETER  ZENGER,  /  PRINTER/ OF  THE/ 
NEW-YORK  WEEKLY  JOURNAL,/FOR  A/LIBEL./In  a 
free  State,  such  as  our's  is,  all  Men  ought  to/enjoy,  and  express 
their  Minds  freely./  TIBERIUS  CAESAR./NEW-YORK  :/Re- 
printed,  by  JOHN  HOLT,  at  the  Exchange.  1770/ 

C  4to,  28  leaves. 

Collation:  Title,  i  page;  blank,  :  page;  text  and  Appendix,  pages  [i]- 
46,  "Summary  Account  of  the  trial  of  Mr.  Willim  Owen,  Bookseller,'"  pages 
47-49;  "From the  Political  Register,"  etc.,  pages  50-53;  blank,  page  [54]. 

1784 

THE  TRIAL/OF  JOHN  PETER  ZENGER,/OF  NEW- 
YORK,  PRINTER  ;/FOR  A  LIBEL/AGAINST  THE  GOV- 
ERNMENT, /  ON  THE  FOURTH  OF  AUGUST,  / 
MDCCXXXV./  INSCRIBED/TO  THE  HONORABLE 
T.  ERSKINE./"  God  and  Reason  made  the  Law,  and  have 
placed  Con-/science  within  you  to  determine,  not  like  an  Asiatic/ 
Cadi,  according  to  the  Ebbs  and  Flows  of  his  own  Pas-/sions,  but 
like  a  British  Judge,  in  this  Land  of  Liberty/and  good  Sense,  who 
makes  no  new  Law^  but  faith  fully /declares  that  Law  which  he  knows 
already  written. "/Sterne/LONDON  :  Printed  for  Flexney, 
HoLBORN  ;  Davies,  Russell- / Street ;  Merril,  Cambridge; 
and/Eddowes,  Shrewsbury.  1784./ 

8vo,  34  leaves. 

Title,  1  page;  blank,  i  page;  dedication,  2  pages;  text,  pages  [i]-64. 

1799 

[Printer's  ornament.] /A/BRIEF  NARRATIVE/OF  THE/ 
CASE  AND  TRYAL/OF/7o/^«  Peter  Z^w^^r,/ Printer  of  the 
New-Tork  Weekly  y««r«^7/./ [Colophon  :] /Reprinted  and  Sold  at 
the  Bible  and  Heart,  Cornhill,  Boston,/ MDCCXCIX./ 

8vo,  24  leaves. 

Collation  :  No  separate  title-page.    Text  and  Appendix,  pages  1-48. 

1841 

AMERICAN  /  CRIMINAL    TRIALS/By     PELEG  W. 

253 


JOHN  PETER  ZENGER 


CHANDLER./ Volume  I./B0ST0N:/CHARLES  C.  LITTLE 
AND  JAMES  BROWN./LONDON  :  /  A.  MAXWELL,  32, 
BELL  YARD,  LINCOLN'S  INN./MDCCCXLI./ 

8vo,  2  volumes. 

The  "  Trial  of  John  Peter  Zenger  "  fills  pages  [i  5 1]-209  of  Vol.  I. 

I74I 

CARIBBEANA.  /  CONTAINING  /  LETTERS  and  DIS- 
SERTATIONS,/Together  with  /  POETICAL  ESSAYS, /On 
various  SUBJECTS  and  OCCASIONS  ;/Chiefly  wrote  by  several 
Hands  in  the/ WEST-INDIES. /And  some  of  them  to  Gentlemen 
residing  there./Now  collected  together  in/TWO  VOLUMES./ 
Wherein  are  also  comprised,  divers  Papers  relating  to  TRADE,/ 
GOVERNMENT,  and  LAWS  in  general ;  but  more  especially,/ 
to  those  of  the  British  Sugar-Colonies,  and  of  Barbados  in  parti-/ 
cular:  As  Likewise  the  Characters  of  the  most  eminent  Men  that/ 
have  died,  of  late  Years,  in  that  Island. /To  which  are  added  in  an/ 
APPENDIX,/Some  Pieces  never  before  Published./Vol.  II./LON- 
DON  :/Printed  for  T.  OSBORNE,  in  Grafs-Inn  ;  J.  CLARKE, 
at  the  Royal  Ex- j change ;  S.  AUSTIN,  in  St.  Paul's  Church- 
Tar  d;  G.  HAWKINS,  at /Temple-Bar;  R.  DODSLEY,  in  Pall- 
Mall,  znd  W.  LEWIS  in  Covent-j Garden.  M.DCC.XLI. 

4to,  2  vols. 

Vol.  II.  contains  <'  Remarks  on  Zenger' s  Trial,  "  signed  <'  Anglo- Ameri- 
canus,"  in  five  letters,  pages  198—221;  also  "Remarks  on  Zenger' s  Trial  by 
another  Hand,  "  signed  Indus  Britannicus,"  pages  225-241;  "Letters from  | 
Anglo- Americanus  |  with  an  article  from  the  Pensilvania  Gazette  of  Dec.  8, 
1737,'"  pages  264-271;  and  "Letter  to  Anglo-Americanus  and  Indus-Britanni- 
cus,*'  signed  "P.  C,"  pages  272-273. 

1816 

A/COMPLETE  COLLECTION/OF/State  Trials/AND/ 
PROCEEDINGS  FOR  HIGH  TREASON  AND  OTHER/ 
CRIMES  AND  MISDEMEANORS  /  FROM  THE  /  EARL- 
IEST PERIOD  TO  THE  YEAR  1 783,/ WITH  NOTES  AND 
OTHER  ILLUSTRATIONS  :  /  COMPILED  BY  /  T.  B. 
HOWELL,  ESQ.,  F.R.S.,  F.SA./INCLUDING,/IN  ADDI- 
TION TO  THE  WHOLE  OF  THE  MATTER  CON- 
TAINED IN  THE/FOLIO  EDITION  OF  HARGRAVE,/ 


254 


BIBLIOGRAPHY 


UPWARDS  OF  TWO  HUNDRED  CASES  NEVER  BE- 
FORE COLLECTED  ;/ TO  WHICH  IS  SUBJOINED/ A 
TABLE  OF  PARALLEL  REFERENCE,  /  RENDERING 
THIS  EDITION  APPLICABLE  TO  THOSE  BOOKS  OF 
AUTHORITY  IN/WHICH  REFERENCES  ARE  MADE 
TO  THE  FOLIO  EDITION./In  TWENTY-ONE  VOL- 
UMES./VOL.  XVn./i2  GEORGE  I  TO  17  GEORGE  II 
i726-i743./LONDON:/Printed  by  T.  C.  Hansard,  Peter- 
borough-Court, Fleet-Street:  /  FOR  LONGMAN,  HURST, 
REES,ORME,and  BROWN;  J.  M.  RICHARDSON;/BLACK, 
PARBURY  AND  ALLEN ;  BALDWIN,  CRADOCK  AND 
JOY;/E.  JEFFREY;  J.  HATCHARD  ;  R.  H.  EVANS;  J. 
BOOKER;  E.  LLOYD;/J.  BOOTH  ;  BUDD  AND  CALKIN; 
AND  T.  C.  HANSARD./1816./ 

8vo,  II  vols. 

Vol.  XVIII  contains  an  account  of  Zenger's  trial,  filling  columns  675  to 
764,  with  the  following  heading  : 

««  49o./TheTrialof  MR.  JOHN  PETER  ZENGER,  of  New-York,  Printer 
/for  printing  and  publishing  a  Libel  against  the  Government, /before  the  Hon. 
James  de  Lancey  Esq.  Chief  Justice  of  the/Province  of  New-York,  and  the 
Hon.  Frederick  Phillipsc,  Esq./second  Judge,  at  New- York,  on  August  4th.  9 
George  II,/A.D.  1735." 


LIST  OF  ISSUES 

OF  THE 

NEW  YORK  WEEKLY  JOURNAL 

WITH   THE  LIBRARIES 
POSSESSING  SAME 


I 


LIST  OF  ISSUES 

OF  THE 

NEW  YORK  WEEKLY  JOURNAL 

WITH  THE  LIBRARIES  POSSESSING  SAME 

EXPLANATION  OF  ABBREVIATIONS 


A. — American  Amiqaarian  Society,  Worcester, 
Masa. 

D.— Edward  H.  DeLincey,  New  York. 

L. — New  York  Public  Library,  Lenox  Collection. 


N. — New  York  Hiitorical  Society. 
P. —  Historical  Society  of  Pennsylvania. 
R.— Public  Records  Office,  London. 
W.— John  David  Wolfe,  New  York. 


Each  number,  so  far  as  seen,  consists  of  four  pages,  except  where  indicated. 


No.  1 

(Shou 
No.  2- 
No.  3- 
No.  4- 
No.  5- 
No.  6- 
No.  7— 
No.  8- 
No.  9— 


Oct. 
Id  be  Nov 

■Nov.  12 

Nov.  19 

Nov.  26 
Dec. 

Dec.  10, 

Dec.  17 

Dec.  24, 

Dec.  31 


No.  10 — Jan. 
No.  II — Jan. 
No.  12 — Jan. 
No.  13 — Jan. 
No.  14 — Feb. 
No.  15 — Feb. 
No.  16— Feb. 
No.  17 — Feb. 
No.  18— Mar. 
No.  19 — Mar.  1 1 
No.  20 — Mar.  18 
No.  21 — Mar.  25 

(6  pages). 
No.  22 — April  I 
No.  23 — April  8 
No.  24 — April  1 5 
No.  25— April  22 


1733  P-  N.  L.  A. 

5)- 

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"   P.  N.  L.  A. 


>733-i4]- 


1734  


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P.N.  L.A. 
P.  N.  L.  A. 
P.  N.  L.  A. 


JNO.  2t) — April 
No.  27 — May 


*■ —  -7  ' — J 
No.  30 — May 
No.  31 — June 
No.  32 — June 
No.  33 — June 
No.  34 — June 
No.  35— J"'y 
No.  36 — July 
No.  37— July 

No.  38— July 
No.  39 — July 
No.  40 — Aug. 
No.  41 — Aug. 
No.  42 — Aug. 
No.  43 — Aug. 
No.  44 — Sept. 
No.  45 — Sept. 
No.  46 — Sept. 
No.  47 — Sept. 
No.  48— Sept. 
No.  49 — Oct. 
No.  50 — Oct. 
No.  51— Oct. 
No.  52— Oct. 


1 29. 

1734.  ... 

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13- 

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259 


JOHN  PETER  ZENGER 


No.  53— Nov.    4.  1734  P.  N.  L.  A. 

No.  54— Nov.  II.    "   P.  N.  L.  A. 

(Printer  arrested.    Paper  not 
published  on  Nov.  18) 
No.  55— Nov.  25.  1734- 


No.  56— Dec. 
No.  57— Dec. 
No.  58— Dec. 
No.  59— Dec. 
No.  60 — Dec. 

No.  61 — Jan. 
No.  62 — Jan. 
No.  63— Jan. 
No.  64— Jan. 
No.  65— Feb. 
No.  66— Feb. 
No.  67— Feb. 
No.  68— Feb. 
No.  69 — Mar. 


No.  72 — Mar. 
No.  73— Mar. 
No.  74— April 
No.  75— April  14. 
No.  76— April  21. 


6.  I734-[S]-- 


9- 
16. 


JNo.  7t> — nprii  21 
No.  77 — April  28 
No.  78— May  5 
No.  79— May  12 
No.  80 — May  19 
No.  8 1— May  26 
No.  82 — June 
No.  83 — June 
No.  84 — June 
No.  85— June  23. 
No.  86 — June  30. 
No.  87— July  7. 
No.  88— July  14. 
No.  89— July  21. 
No.  90 — July  28. 
No.  91 — Aug.  2. 
No.  92 — Aug.  II. 
No.  93 — Aug.  i8. 
No.  94 — Aug.  25. 
No.  95 — Sept.  I. 
No.  96— Sept.  8. 
No.  97 — Sept.  15. 
No.  98 — Sept.  23. 
No.  99 — Sept.  27. 

(2  pages  only). 
No.  100 — Oct.  6. 
No.  loi — Oct.  13. 
No.  102 — Oct.  20. 
No.  103 — Oct.  27. 
No.  104 — Nov.  3. 


N.  L.  A, 
N.  L.  A 
N.  L.  A 
N.  L.A 
N.  L.A 
N.  L.A 


13- 

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20. 

P. 

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3- 

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No.  105— Nov.  10. 
No.  106 — Nov.  17. 
No.  107 — Nov.  24. 
No.  108 — Dec.  I. 
No.  109 — Dec.  8. 
No.  1 10 — Dec.  15. 
No.  1 1 1 — Dec.  22. 
No.  1 12 — Dec.  29. 


'735- 


.P.  N.  L.  A. 


.P. 
P. 
P. 
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No.  113- 
No.  1 14- 
No.  115- 
No.  116- 
No.  117- 
No.  118- 
No.  119- 
No.  120- 
No.  121- 
No.  122- 
No.  123- 
No.  124- 
No.  125- 
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No.  134- 
No.  135- 
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No.  140- 
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No.  148- 
No.  149- 
No.  150- 
No.  151- 
No.  152- 
No.  153- 
No.  154- 
No.  155- 
No.  156- 
No.  157- 
No.  158- 
No.  159- 


■Jan. 

Jan. 

■Jan. 

Jan. 

Feb. 

Feb. 

Feb. 

Feb. 

■Mar. 

Mar. 

■Mar. 

Mar. 

•Mar. 

■April 

-April 

-April 

-April 

-May 

■May 

-May 

-May 

-May 

-June 

-June 

-June 

-June 

-July 

-July 

-July 

-July 

-Aug. 

-Aug. 

-Aug. 

-Aug. 

-Aug. 

-Sept. 

-Sept. 

-Sept. 

-Sept. 

-Oct. 

-Oct. 

-Oct. 

-Oct. 

-Nov. 

-Nov. 

-Nov. 

-Nov. 


L.  A. 
L.  A. 
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"    A. 

"    A. 

"    A. 

'    A. 

'    A. 

"    A. 

A. 
L.  A. 


260 


ISSUES  OF  NEW  YORK  WEEKLY  JOURNAL 


I'l  KJ,    I  \J\J        i'l  U  V  • 

29. 

■736  

L.  A. 

.i'l^^.  it  \  S  l^Cl.. 

19. 

1737.  ..... 

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No.  i6i~~Dcc* 

6. 

L  A. 

26. 

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L.  A. 

N^n         — Opt 

20. 

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No.  217 — 

27. 

L  A. 

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i'lU.  lall. 

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'73"  l7J  

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No.  220 — J3n. 

^4. 

* 

A 

N^o.  i66~~j3n. 

I  "7 

A. 

No.  221 — Jan. 

1, 

L  A 

No,  167 — Jhii, 

^4- 

„ 

L  A. 

No.  222 — Feb. 

6. 

H 

L  A. 

No  i^>8  —  Ian 

3'* 

/r 

L.  A. 

No.  223 — Feb. 

•3- 

IT 

L  A. 

N^o.  16^ — 

No.  224 — Feb. 

20. 

0 

A 

No.  i70~~Fcb. 

14. 

m 

A. 

No.  22^ — Ai^r. 

6. 

H 

L  A. 

No.  171 — Feb. 

21. 

L  A. 

No.  226 — IMar. 

T  1 

It 

L  A 

Nr»   172 — Pph 

28, 

L  A. 

No.  22y — Mar. 

v 

L  A 

^Ja   ITT— Mar 

h 

„ 

L  A 

No.  228 — Alar. 

27* 

17^8 

L  A 

No.  174 — Mar. 

14. 

It 

L.  A. 

No.  22^ — April 

3* 

L  A 

No.  175 — Mar. 

21, 

L  A. 

^^ct         — Anril 

L  A 

No.  176 — Mar. 

28. 

^  1  Si  

L  A 

No.  2^1 — April 

1 1 

„ 

L  A 

No.  177 — April 

A. 

L  A. 

No.  2^2 — April 

^4. 

L  A 

Nn   178 — Anril 

L 

L  A 

No.  179 — April 

18. 

It 

L  A. 

No.  2^4 — May 

8. 

n 

L  A 

N^o.  180 — April 

„ 

L  A 

'5- 

L  A 

No.  181 — May 

2. 

n 

L  A. 

No.  256 — May 

22. 

„ 

L  A 

No.  182 — May 

0. 

m 

L  A. 

No.  2^7 — May 

It 

A 

j^Q^  ,8 J — ]VIay 

16. 

n 

L  A. 

No.  2^8 — June 

r 

5" 

L  A 

No.  i84~May 

A. 

No.  2^^ — June 

12. 

NLA 

No.  185— May 

■30. 

m 

A. 

No.  240 — June 

19. 

NLA 

No.  186 — June 

6. 

It 

L.  A. 

No.  241 — June 

26. 

NLA. 

No.  187 — June 

I  ■! 

m 

A 

No.  242 — July 

3- 

IT 

NLA 

No.  188— June 

20. 

m 

A. 

No.  243— July 

10. 

m 

NLA 

No.  189 — June 

27. 

m 

A. 

No.  244 — July 

17- 

IT 

NLA 

No.  190 — June 

27. 

m 

L  A. 

No.  245— July 

24. 

NLA 

No.  191 — July 

A. 
T' 

m 

L  A. 

No.  246 — July 

3'- 

H 

NLA 

No.  192 — July 

II. 

m 

L  A. 

No.  247 — Aug. 

7- 

m 

NLA 

No.  IQI — lulv 

18. 

L  A. 

No.  248— .Aug. 

14. 

0 

L  A 

l^u.  ly^  J"v 

L  \ 

(The  date  is  misprinted 

Aug.  41" 

Nn  I Q  c — A  IIP 

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L  A. 

in  one  of  the  Lenox  co 

pies). 

No.  196 — Aug. 

8. 

A. 

No.  249 — .'\ug. 

21. 

0 

 N.  L.  A. 

f  r 

m 

L  A 

No.  205 — Aug. 

28. 

 N.L.A. 

No.  198 — Aug. 

22. 

m 

L  A. 

No.  260 — Sept. 

4- 

 N.  L.  A. 

No.  199 — Aug. 

20. 

# 

L  A 

No.  261 — Sept. 

II. 

  L.  A. 

No.  200 — Sept. 

r 
i* 

A 

No.  262 — Sept. 

18. 

  L.A. 

No.  201 — Sept. 

'3* 

L  A 

No.  262 — Sept.  25. 

  L.  A. 

No.  202 — Sept. 

20. 

* 

L  A 

No.  263 — Oct. 

2. 

 jsr.  L.  A. 

No.  20^ — Sept. 

26. 

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L  A 

No.  264— Oct. 

9- 

  L.  A. 

No.  204 — Oct. 

-7 
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(There  are  two 

issues  with  variations). 

No.  205 — Oct. 

0 

A 

No.  255 — Oct. 

IS- 

0 

  L.  A. 

No.  206 — Oct. 

»7- 

' 

A. 

No.  257— Oct. 

23- 

0 

  A. 

No.  207 — Oct. 

24. 

A. 

No.  258— Oct. 

30. 

0 

  L.A. 

No.  208— Oct. 

31- 

A. 

No.  257 — Nov. 

6. 

  L.A. 

No.  209 — Nov. 

7- 

It 

A. 

No.  258 — Nov. 

13- 

0 

  L.A. 

No.  210 — Nov. 

14. 

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A. 

No.  — [Nov. 

20. 

No.  211 — Nov. 

21. 

m 

A. 

No.  259 — Nov. 

27- 

0 

  L.  A. 

No.  212 — Nov. 

28. 

m 

A. 

(6  pages). 

No.  213 — Dec. 

5- 

H 

A. 

No.  260 — Dec. 

4- 

0 

 _     L.  A. 

No.  214 — Dec. 

12. 

# 

A. 

No.      — [Dec. 

II.] 

f 

261 


JOHN  PETER  ZENGER 


No.  263 — Dec. 

18. 

1738  

 N.  L.A. 

No.  263 — Dec. 

25. 

N.  L.  A. 

No.  264— Jan. 

I. 

173H9]  

N.  L.  A. 

No.  265 — Jan. 

8. 

N.  L.  A. 

No.  266— Jan. 

'S- 

" 

N.  L.  A. 

No.  267 — Jan. 

22. 

L.A. 

No.  268— Jan. 

29. 

" 

N.  L.  A. 

No.  269 — Feb. 

5. 

" 

N.  L.  A. 

No.  270 — Feb. 

12. 

N.  L.  A. 

No.  271— Feb. 

19. 

 N.  L.  A. 

No.  272 — Feb. 

19. 

L. 

No.  272— Feb. 

26. 

" 

L. 

No.  273 — Mar. 

5. 

L. 

No.  274 — Mar. 

10. 

L. 

No.  275 — Mar. 

19. 

L. 

No.  276 — Mar. 

26. 

1739  

L. 

No.  277 — April 

2. 

N.  L. 

No.  278— April 

9. 

N.  L. 

No.  279 — April 

16. 

N.L. 

No.  280 — April 

21. 

" 

N.  L. 

No.  281 — April 

30. 

" 

N.  L. 

No.  282— May 

8. 

" 

N.  L. 

No.  283 — May 

15- 

N.  L. 

No.  284 — May 

21. 

L. 

No.  285— May 

28. 

L. 

No.  286 — June 

4- 

" 

L. 

No.  287 — June 

II. 

» 

L. 

No.  288— 

No.  289 — June 

n 

L. 

No.  290— July 

2. 

m 

L. 

No.  291— July 

9. 

•> 

L. 

No.  292 — 

No.  293  — 

No.  294 — 

No.  295 — 

No.  296 — 

No.  297 — 

No.  298 — Aug. 

27. 

m 

L.  N. 

No.  299 — 

No.  300 — 

No.  301  — 

No.  3C2 — 

No.  303 — 

No.  304 — 

No.  305 — 

No.  306 — Oct. 

22. 

m 

D. 

No.  307— Oct. 

29. 

0 

D. 

No.  308 — Nov. 

5- 

D. 

No.  309 — Nov. 

12. 

m 

D. 

No.  310 — Nov. 

19. 

m 

D. 

No.  311  — 

No.  312 — Dec. 

3- 

m 

D, 

No.  313 — Dec. 

10. 

n 

D. 

No.  314 — Dec. 

•7- 

D. 

No.  315— Dec. 

24. 

It 

 D.  A. 

No.  316 — Jan.  I.  i739-[4o]  D. 

No.  317 — Jan.  7.  "   D. 

No.  318 — Jan.  14.  '   D. 

No.  319 — Jan.  21.  '   D. 

No.  320— Jan.  28.  "   D. 

No.  321— Feb.  5.  •   D.N, 

No.  322 — Feb.  II.  '   D. 

No.  323— Feb.  18.  '   D. 

No.  324— Feb.  25.  '   D. 

No.  325 — Mar.  3.  *   D.  L. 

No.  326— Mar.  10.  '   D.  L. 

No.  327 — Mar.  17.  '   D.  L. 

No.  328 — Mar.  24.  '   D. 

No.  329 — Mar.  31.  1740  D. 

No.  330 — April    7.  "    D. 

No.  331 — April  14.  '   D. 

No.  332 — April  21.  '   D. 

No.  333— April  28.  '   D. 

No.  334 — May  5.  '   D. 

No.  336 — May  12.  '   D. 

No.  337 — May  19.  "   D. 

No.  338— May  26.  '   D. 

No.  339 — June  2.  "   D. 

No.  340 — June  9.  "   D. 

No.  341 — June  16.  "   D. 

No.  342 — June  23.  "   D. 

No.  343 — June  30.  "   D. 

No.  344— July  7.  '  D. 

No.  345— July  14.  "   D. 

No.  346 — July  21.  '   D. 

No.  347 — July  28.  '   D, 

No.  348— Aug.  4.  *   D. 

No.  349 — Aug.  II.  '   D. 

No.  350 — Aug.  18.  "   D. 

No  351 — Aug.  15.  *   D. 

No.  352 — Sept.  I.  *   p 

No.  353— Sept.  8.  '   b. 

No.  354— Sept.  15.  '   D. 

No.  355— Sept.  22.  "   D. 

No.  356— Sept.  29.  '   D. 

No.  357— Oct.  6.  "   N.  D.L. 

No.  358— Oct.  13.  "   D. 

No.  359 — Oct.  20.  "   D. 

No.  360 — Oct.  27.  '   D. 

No.  361— Nov.  3.  '   _..D. 

No.  262 — Nov.  10.  *   D. 

No.  363 — Nov.  17.  '   D. 

No.  364 — Nov.  24.  *   D. 

No.  365— Dec.  1.  '   D. 

No.  366— Dec.  8.  '   D. 

No.  367 — Dec.  15.  '  D. 

No.  368— Dec.  22.  '   D. 

No.  369 — Dec.  29.  '   D. 

No.  370— Jan.  J.  i740-{']  D.L. 

No.  371 — Jan.  12.  '   D. 


262 


ISSUES  OF  NEW  YORK  WEEKLY  JOURNAL 


No.  372 — Jan. 

19. 

i740-[i]  

 N.  D.  L. 

No.  373 — Jan. 

26. 

D. 

No.  374 — Feb. 

2. 

D. 

No.  375— Feb. 

9- 

D. 

No.  376 — Feb. 

16. 

D. 

No.  377— Feb. 

D. 

No.  378 — Mar. 

2. 

It 

D. 

No.  379 — Mar. 

9- 

m 

D. 

No.  380 — Mar. 

16. 

D. 

No.  381— Mar. 

^3- 

D. 

No.  382 — Mar. 

30. 

174'  

D. 

No.  383— April 

6. 

D. 

No.  384— April 

'3- 

D. 

No.  385— April 

20. 

D.  A. 

No.  386— April 

27. 

D. 

No.  387— May 

4- 

D. 

No.  388— May 

II. 

m 

D. 

No.  389— May 

18. 

m 

D. 

No.  390 — May 

25. 

D. 

No.  391 — May 

3'- 

• 

D. 

No.  392 — June 

8. 

D. 

No.  393 — June 

'5- 

It 

D. 

No.  394 — June 

22. 

' 

D. 

No.  395 — June 

29. 

It 

D. 

No.  396 — July 

6. 

D. 

No.  397— July 

'3' 

D. 

No.  398 — July 

20. 

D. 

No.  399 — July 

17- 

D. 

No.  400 — Aug. 

3- 

It 

D. 

No.  401 — Aug. 

10. 

D. 

No.  402 — Aug. 

m 

D. 

No.  403 — Aug. 

24. 

ir 

D. 

No.  404— 

No.  405 — Sept. 

7. 

• 

D. 

No.  406 — Sept. 

14. 

 D. 

No.  407 — Sept. 

21. 

If 

D. 

No.  409 — Sept. 

28. 

m 

D.  L. 

No.  410 — Oct. 

5- 

» 

 D. 

No.  411— Oct. 

•  2. 

 D. 

No.  412 — Oct. 

18. 

D.  A. 

No.  413 — Oct. 

26. 

* 

D. 

No.  414 — Nov. 

2. 

0 

 D. 

No.  415 — Nov. 

9- 

 D. 

No.  416 — Nov. 

16. 

0 

 D. 

No.  417 — Nov. 

23. 

It 

D. 

No.  148 — Nov. 

30. 
8. 

" 

 D. 

No.  419 — Dec. 

m 

 D. 

No.  420 — Dec. 

14. 

w 

D.  L. 

No.  421 — Dec. 

21. 

 D.  L. 

No.  422 — Dec. 

28. 

m 

 D.  L. 

No.  423 — Jan. 

4- 

I74i-[2l  

L. 

No.  424 — Jan. 

ti. 

* 

L. 

No.  425 — fan. 

18. 

L. 

No.  426 — Ian. 

m 

L. 

No.  427 — Feb. 

  L. 

No.  428— Feb.     8.  l74l-[2]   L. 

No.  429 — Feb.   15.  *   L. 

No.  430— Feb.  22.  *   N.  L. 

No.  431 — Mar.    i.  *    L. 

No.  432— Mar.    8.  '    L. 

No.  433 — Mar.  15.  *    L. 

No.  434— Mar.  22.  '    L. 

No.  435— Mar.  29.  1742   L. 

No.  436— April    5.  '    L. 

No.  437 — April  12.  '    L. 

No.  438 — April  19.  *    L. 

No.  439 — April  26.  '    L. 

No.  440 — May    3.  *    L. 

No.  441 — May  10.  *    L. 

No.  442 — May  17.  '    L. 

No.  443— May  24.  '    L. 

No.  444 — May  31.  *    L. 

No.  445— 

No.  446 — June  14.  *    L. 

No.  447 — June  21.  '   L. 

No.  448— June  28.  '    L. 

No.  449— July     5.  '    L. 

No.  450— July   12.  '    L. 

No.  451 — July   19.  *    L. 

No.  452 — July   26.  '    L. 

No.  453— Aug.    2.  '    L. 

No.  454— Aug.    9.  '    L. 

No.  455— .^ug.  16.  '    L. 

No.  456— Aug.  23.  '    L. 

No.  457 — Aug.  30.  '    L. 

No.  458— Sept.    6.  '    L. 

No.  459 — Sept.  13.  '    L. 

No.  460 — 

No.  461— Sept.  27.  '    L. 

No.  462— Oct.     4.  '    L. 

No.  463— Oct.    II.  '    L. 

No.  464— Oct.   18.  '    L. 

No.  465 — 
No.  466— 

No.  457 — Nov.    I.  '    L. 

No.  458— Nov.    8.  '    L. 

No.  469 — Nov.  15.  •    L. 

No.  470 — Nov.  22.  '    L. 

No.  471 — Nov.  29.  '    L. 

No.  472— Dec.    6.  '    L. 

No.  473 — Dec.   13.  *    L, 

No.  474 — Dec.  20.  '    L. 

No.  475 — Dec.  27.  '    L. 

No.  476 — Jan.     3.  i742-[3]   L. 

No.  477 — Jan.    10.  '    L. 

No.  478 — Jan.   17.  '    L. 

No.  479 — Jan.   24.  '    L. 

No.  480 — Jan.   31.    '    L, 

No.  48 1— Feb.    7  '    „   L. 

No.  482— Feb.  14.    •    L. 


263 


JOHN  PETER  ZENGER 


iNO.  4"3 — -J^ci-'' 

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No-  539 

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No. 

No.  489 — April  4. 

L. 

Wo.  ^4' — April 

2. 

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No.  490 — April  II. 

No.  543 — 

No.  491 — April  18. 

L. 

No.  544 

No.  492— April  25. 

L. 

e /t  r*  Ar\rtl 

i^u»  S4'j  ^prii 

30. 

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No.  493— May  2. 

L. 

No.  54^ 

No.  494— May  9. 

L. 

No.  547 

No.  495— May  16. 

L. 

No.  496— May  23. 

L. 

No.  549 

No.  497— May  30. 

L. 

No.  55^ 

No.  497 — May  30. 

L. 

No.  55^ 

(Number  is  misprinted  497  for  498, 

No.  552 

and  date  is  misprinted  May  30 

No.  553 

for  June  6). 

No.  554~ 

No.  499— June  13. 

L. 

No.  555— 

No.  500 — June  20. 

L. 

No.  556 

No.  501 — June  27. 

L. 

No.  557 

No.  502— July  4. 

L. 

INO.  55" 

No.  503— July  II. 

L. 

No.  559— 

No.  504 — July  18. 

L. 

J.NO.  5*^^ 

No.  505— July  25. 

L 

No.  561  — 

No.  506 — Aug.  I. 

L. 

No.  — 

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L. 

No.  5^3 

No.  508— Aug.  15. 

L. 

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No.  509 — 

No.  5^5 

No.  510 — Aug.  29. 

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JNO.  5*^0 — 

No.  511— Sept.  5. 

L. 

INO.  507 

No.  512 — Sept.  12. 

T 

JNO.  — 

No.  513 — Sept.  19. 

T  ■ 

No.  569 — 

No.  514 — Sept.  26. 

L. 

No.  57^ 

No.  515 — Oct.  3. 

T 

No.  57^  — 

No.  516 — Oct.  10. 

T 

No.  57^' — 

No.  517 — Oct.  17. 

T 
Ld, 

No.  573 — 

No.  518— Oct.  24. 

L. 

No.  574 

No.  519 — Oct.  31. 

L. 

19. 

N 

No.  520 — Nov.  7. 

L. 

No.  57^ 

No.  521 — Nov.  14. 

No.  577 — 

No.  522 — Nov.  21. 

L. 

i\o.  57° 

No.  523 — Nov.  28. 

T 

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JNo.  579 — Uec. 

17- 

No.  524 — 

i\0.  5<50 — 

No.  525 — Dec.  II. 

L. 

No.  581  — 

No.  526 — Dec.  19. 

L. 

No.  582— 

No.  527 — Dec.  26. 

L. 

No.  583— 

'743-U]  

No.  584— 

No.  528 — Jan.  2. 

L. 

i744-[5]  

No.  529 — Jan.  9. 

L. 

No.  5S5— Jan. 

28. 

N. 

No.  530 — Jan.  16. 

L. 

No.  586— Feb. 

4- 

N. 

No.  531 — Jan.  23. 

L. 

No.  587— 

No.  532— Jan.  30. 

L. 

No.  588  — 

No.  533 — Feb.  6. 

L. 

No.  589 — Feb. 

25- 

N. 

No.  534— Feb.  13. 

L. 

No.  590 — 

264 


ISSUES  OF  NEW  YORK  WEEKLY  JOURNAL 


No.  591 — Mar.  11.  i744-[5]  No.  646 — April  28.  1746  N 

No.  592— 

No.  593 — Mar.  25.  1745  

No.  594— April    I.    '   N.  No.  649— May  19.     "   N. 

No.  595— April    8.  '   

No.  596— 

No.  597 —  No.  652 — June    9.    '   N. 

No.  59S—  No.  653— June  16.    '   N. 

No.  599—  No.  654 — June  23.     "   N. 

No.  600 — 
No.  601  — 
No.  602 — 

No.  603 — June    3.  *   

No.  604— June  10.     '   N.  No.  659— July   28.    "   N. 

No.  605— 
No.  606 — 
No.  607— 
No.  608— 

No.  609—  No.  664— Sept.    I.    '   N. 

No.  610 — 
No.  611 — 

No.  612 — Aug.    5.  *   

No.  613— 
No.  614 — 

No.  615— Aug.  27.  '   

No.  616— Sept.    2.  '   

No.  61 7— 
No.  618— 
No.  619— 

No.  620 —  Sept.  30.  *   

No.  621  — 
No.  622— 
No  623 — 
No.  624 — 

No.  625—  No.  680— Dec.  29.    '   N. 

No.  626— 

No.  627—  No.  681— Jan.     5.  i746-[7]  N. 

No.  628— Dec.  16.  '   

No.  629 — 
No.  630 — 

No.  631—  No.  685— Feb.    2.     '   N. 

No.  632 — 
No.  633— 

No.  634.— Jan   27.  i745-[6]... 
No.  635— 

No.  636 — Feb.   10.  '   

No.  636— Feb.   17.    '   N.  No.  692— Mar.  23.    '   N. 

No.  638 — Mar.    3.    '   N,  No.  693 — Mar.  30.  1747  N. 

No.  639 —  No.  694 — April    6.    '   N. 

No.  640— 
No.  641  — 

No.  642—  No.  697 — April  27.    '   N. 

No.  643 — 
No.  644 — 

No.  645 —  No.  7CX5 — May  18.    '    _  N. 

265 


N. 

No.  646 — April 

28. 

No.  647— 

N. 

No.  648— 

N. 

No.  649 — May 

19. 

N. 

No.  650 — 

No.  651- 

No.  652 — June 

9. 

No.  653 — June 

16. 

No.  654 — June 

No-  655— July 

U- 

No.  656— 

No.  657 — 

N. 

No.  658— 

N. 

No.  659 — July 

28. 

No.  660— 

No.  661  — 

No.  662— 

No.  663— 

No.  664 — Sept. 

I. 

No.  665— 

No.  666— 

N. 

No.  667 — 

No.  668— 

No.  669— Oct. 

3- 

N. 

No.  670 — 

N. 

No.  008 — (Jet. 

27- 

No.  672— 

No.  673 — 

No.  674 — 

N. 

No.  675 — Nov. 

24. 

No.  676— 

No.  677— 

No.  678— 

No.  679— 

No.  680— Dec. 

29. 

No.  681— Jan. 

S- 

N. 

No.  682— 

No.  683— 

No.  684— 

No.  685— Feb. 

2. 

No.  686— 

No.  687— Feb. 

17- 

No.  688— 

N. 

No.  689— 

No.  690 — 

N. 

No.  691 — 

N. 

No.  692 — Mar. 

»3- 

N. 

No.  693 — Mar. 

30. 

No.  694 — April 

6. 

No.  695— 

No.  696 — 

No.  697 — April 

27- 

No.  698— 

No.  699 — 

No.  7CX5 — May 

18. 

JOHN  PETER  ZENGER 


No.  701— May 

1747  

N. 

No.  756— 

1748  - 

A. 

No.  701 — 

No.  757 — June 

20. 

No.  703— 

No.  758 — June 

27- 

N. 

A. 

No.  704— 

No.  759 — July 

4- 



A. 

No.  705— 

No.  760 — 

No.  706 — 

No.  761 — July 

18. 

N. 

A. 

No.  707— July 

6. 

N. 

No.  762 — July 

^S- 

A. 

No.  708— 

No.  763 — Aug. 

I. 

If 

XT 

....iN. 

A. 

No.  709— 

No.  764— Aug. 

8. 

A. 

No.  710— 

No.  765 — Aug. 

>S- 

m 

A. 

No.  711— Aug. 

3- 

— 

W. 

No.  766 — Aug. 

22. 

N. 

A. 

No.  711— 

No.  767 — 

No.  713— 

No.  768 — Sept. 

s- 

A. 

No.  7 1 4— Aug. 

24. 

N. 

No.  769 — Sept. 

12. 

A. 

No.  715— Aug. 

3'- 

N. 

No.  770 — Sept. 

19. 

N. 

A. 

No.  716— 

No.  771 — Sept. 

26. 

A. 

No.  717 — Sept. 

14. 

A. 

No.  772— 

No.  718— 

No.  773— 

No.  719 — Sept. 

28. 

N. 

No  774 — Oct. 

17- 

•— 

A. 

No.  720— 

No.  721 — Oct. 

12. 

N. 

No.  775— Oct. 

24. 

A. 

No.  722 — Oct. 

19. 

A. 

No.  776 — Oct. 

3'- 

A. 

No.  723— 

No.  777 — Nov. 

7- 

A. 

No.  724— 

No.  778 — Nov. 

14- 

A. 

No.  725 — Noy. 

9- 

N. 

A 

No.  779 — 

No.  726 — 

No.  780— 

No.  727 — 

No.  781— 

No.  728— 

No.  782— Dec. 

12. 

N. 

A. 

No.  729 — Dec. 

7- 

— 

A. 

No.  783— 

No.  730 — 

No.  784— Dec. 

26. 

A. 

No.  731— Dec. 

21. 

N. 

A. 

No.  785 — Jan. 

1. 

N. 

No.  732 — 

No.  786— Jan. 

9- 

N. 

A. 

No.  733— 

(A  Supplement 

was  issued). 

No.  734— 

« 748-149]  

No.  735— 

No.  787 — Jan. 

'3- 

A. 

No.  788— 

No.  736— Jan. 

IS- 

>747-l48]  

A. 

No.  789 — Jan. 

30. 

N. 

No.  737— Feb. 

I. 

N. 

A. 

No.  790 — 

No.  738— Feb. 

8. 

N. 

No.  891— Feb. 

'3- 

N. 

No.  739 — Feb. 

IS- 

N. 

No.  792 — 

No.  740— 

No.  793 — Feb. 

27- 

N. 

No.  741  — 

No.  794 — 

No.  742 — Mar. 

7- 

A. 

No.  795 — 

No.  743 — Mar. 

14. 

..N. 

No.  796 — Mar. 

20. 

_N. 

L. 

No.  744— 

No.  797 — 

No.  745— 

No.  798— 

No.  74^ — April 

4- 

174°  

(A  Supplement 

was  issued  J. 

No.  747 — 

No.  799 — 

No.  748— 

No.  800— 

No.  749— 

No.  801— 

No.  750 — 

No.  802 — May 

I. 

1749  

N. 

No.  751 — May 

9- 

N. 

A. 

No.  803 — May 

8. 

N. 

No.  752 — 

No.  804 — May 

10. 

A. 

No.  753 — May 

» 

A. 

No.  805 — May 

22. 

A. 

No.  754 — May 

30. 

m 

A. 

No.  806— 

No.  755— 

No.  807 — June 

S- 

m 

A. 

266 


ISSUES  OF  NEW  YORK  WEEKLY  JOURNAL 

No.  708— June  11.  1749  N.     A.      No.  853— April  31.  1750   A 

No.  871— June  19.     "   N.  No.  854— May     9.     '   N.  A. 

No.  810 — June  i6.  '   

No.  8 1 1— July  3.  •   

No.  812— July  10.    •    A.      No.  857— May  28.     '   N. 

No.  81  J— July  17.    '    A.      No.  858— June    4.    '   J«J.  A. 

No.  814— July  24.    '    A.      No.  859— June  11.    '   _  A. 

No.  815— July  30.  '   

No.  816— Aug.  7.  '   

No.  817— .Aug.  14.    •    A.      No.  862— July     2.    '   N. 

No.  818— Aug.  21.    '    A.      No.  863— July     9.    '   _...J^. 

No.  802— .Aug.  28.  •   

No.  820— 
No.  821— 

No.  822— Sept.  18.    '   N.     A.      No.  867— Aug.    6.     '    A. 

No.  823— Sept.  25.  '   

No.  824—  No.  869— Aug.  20.    '   N. 

No.  825— 

No.  826— Oct.  16.    '     _  _        A.      No.  871— Sept.    3.    '   N. 

No.  827— 

No.  828—  No.  873— Sept.  17.    '    A. 

No.  829 —  No.  874 — Sept.  24.    '    A 

No.  830— 

No.  831—  No.  876— Oct.     8.     '    A. 

No.  832—  No.  877— Oct.   15.    '    A 

No.  833—  No.  878— Oct.   22.    '    A 

No.  834—  No.  888— Oct.  29.    '     „  _  A 

No.  835— 
No.  836— 

No.  837 — Jan.  2.  i749-[5o].  _  _N.  No.  looi — Nov.  26.  1750   A. 

No.  838—  No.  1002— Dec.    3.    '    A. 

No.  839— 
No.  840— 
No.  841— 
No.  842— 
No.  843— 

No.  844 — Feb.  19.    '   N.  No.  1008 — Jan.   14.  i750-[j]  N.  A. 

No.  845— Feb.  27.  '   

No.  845— Mar.  5.  '   

No.  846 — Mar.  12.     '    A.      No.  loii — Feb.    4.  i75o-{i]   N. 

No.  847 — Mar.  19.  '   

No.  848— 

No.  849 — April  2.  1750  

No.  850 — April  9.  '   

No.  851— AprU  15.  '   

No.  852— 


N. 

A. 

No. 

853— AprU  31. 

N. 

No. 

854— May  9. 

A. 

No. 

855- 

N. 

A. 

No. 

856— 

A. 

No. 

857— May  28. 

A. 

No. 

858 — June  4. 

A. 

No. 

859 — June  II. 

A. 

No. 

860— 

A. 

No. 

861  — 

A. 

No. 

862— July  2. 

A. 

No. 

863-July  9. 

N. 

A. 

No. 

864— 

No. 

865— 

No. 

866— 

N. 

A. 

No. 

867— Aug.  6. 

A. 

No. 

868— 

No. 

869 — -Aug.  20. 

No. 

870— 

_ 

A. 

No. 

871— Sept.  3. 

No. 

872- 

No. 

873-Sept.  17. 

No. 

874 — Sept.  24. 

No. 

87s- 

No. 

876— Oct.  8. 

No. 

877— Oct.  15. 

No. 

878— Oct.  22. 

No. 

888— Oct.  29. 

No. 

880— 

No. 

881  — 

No. 

882— 

_N. 

No. 

looi — Nov.  26 

No. 

1002 — Dec.  3 

No. 

1003 — 

No. 

1004 — 

No. 

1005— 

No. 

1006 — 

No. 

1007 — 

N. 

No. 

1008 — Jan.  14 

N. 

A. 

No. 

1009 — 

A. 

No. 

loio — 

A. 

No. 

loii — Feb.  4 

A. 

No. 

1012 — 

No. 

1013 — 

N. 

A. 

No. 

1014— 

N. 

A. 

No. 

1015 — 

N. 

A. 

No. 

1016 — 

No. 

1017 — Mar.  18 

267 


INDEX 


INDEX 


PACE 

A 

"Aanbiddelyke  wegen  Gods,"  etc.  .  .  137 
Acts  and  Laws  passed  1737  .    .    .  .160 

"Adorable  ways  of  God,"  etc  138 

Alexander,  James.  Letter  to  Colden 
6,  11,  12,  13,  16;  Letter  from  Living- 
ston 23-24;  Letter  from  Vincent  Mat- 
hews 24;  Letter  to  London  24;  Letter 
to  Hunter  28,  29,  34;  Letter  to  Morris 
35-36;  Anonymous  letter  to  Mrs.  Alex- 
ander 35;  Exceptions  in  behalf  of  Zen- 
ger,  48-49;  Disbarment,  49-51 ;  Com- 
plaint to  the  Assembly  52-56;  Letter 
from  Lewis  Morris,  Jr.,  57-58;  Letter 
from  Hamilton.  58,  60,  62,  63;  Letter 
to  Hamilton,  127;  "Argument  of  the 
Council  for  Rip  Van  Dam,"  145; 
"Complaint  of  James  Alexander  and 
William  Smith,"  153;  "Vindication 
of  Alexander  and  Smith"  148, 149, 182 

186,  187,  i88,  189,  190 
Almanac  for  1742, 164;  1843,  165;  1747, 
167;  1748,  167;  1749,  '^^j  I7S°> 

169;  1751,  169 


"  American  Criminal  Trials"  .  .  .  253 
American  Philosophical  Society    ...  12 

Andros,  Governor  22 

"Answer  to  the  Council  of  Proprietor's 

Publications"  167 

Archdickne,  Andrew,  Letter  to  .  .  164 
"Arithmetica  of  CyflEer-Konst,"  etc.  28,  142 
Atkins,  Sir  Edward    .  104,105,225,226 

B 

Barbarie,  John   ii 

Barnardiston,  Sir  Samuel,  85,  103, 

211,  224 

Bayard,  Stephen  .  127,  242,  243,  244 
Becker,  Frederick  129 


PAGE 

Beekman,  Gerrardus  245 

Bell,  John  62,  193 

Bellomont,  Governor   29 

Bereenmeter,  Willem  C.  .  140,  141,  168 

Black  Horse  Tavern  26,  126 

Blagge,  Mr   192 

Bogart,  Henry  243,  245 

Boston  Weekly  News  Letter  ....  7 
Bradford,  William,  26,  27;  Facsimile 

of  title-page  of  "Klagte"  .    .  136,  137 
Bradley,  Richard,  10,    12,    22,  63, 
64,    68,    80,    83,    85,    87,  89, 
91  -  95,  106,  116- 118,  123,  127, 


194,  197-199,  201,  202,  204,  206, 
209-212,  214-218,  226,  227,  234- 

236,  240 

"Brief  Narrative  of  the  Case  and  Tryal 
of  Zenger"  1 55;  Reprint  of  first  edition, 
171-246;  Bibliography,  247-255;  Fac- 


simile of  title-page  246 

"Brief  Vindication  of  the  Purchassors," 

etc  166,  167 

Brockholst,  Anthony  11 

Burger,  Johannes  .  .  242,  243,  245 
Bushel's  Case,  112,  114,  123,  231,  233,  240 
Byvanck,  Evert,   242,  243 

C 

Campbell,  Alexander  .    .    143,  145,  148 

Campbell,  Governor  32 

"Caribbeana"  254 

Cartaret,  Governor  32 

Censorship  of  Press  30,  130 

Chambers,  John,    23,    56,    57,  62, 

69,   74.  1^7.  19O'  '9'.  '9^'  '93. 

198,  202 


Chandler,  P.  W.,  "American  Criminal 
Trials"  253 

"Charge  given  by  Chief  Justice  to  the 
Grand  Jury"  139 


271 


JOHN  PETER  ZENGER 


PAGE 

"Charter  of  the  City  of  New  York"  .    .  1 52 

City  Hall   8,    25,  61 

Clarke,  George  .  22,  131,  155,  158, 

176,  178,  181 

COLDEN,     CaDWALADER,     6,     23,  29, 

176,  178 

"Commission  to  William  Cosby"  .    .    .  155 
"  Complaint  of  James  Alexander  and  Wil- 
liam Smith,  to  the  General  Assembly"  153 
"Complete  Collection  of  State  Trials" 


254,  255 

"Consilium  in  Arena,"  etc  141 

CooKE,  Samuel  142 

Coot,  Governor   32 

CoRNBURT,  Governor      .    .    5,   22,  32 


CORTLANDT,     PhILIP       .  I75,  I76,  I78  181 

Cosby,  William,  4,  5,  6;  Letter  to  Van 
Dam,  6;  Governor  of  Minorca,  7;  re- 
ception described  in  Boston  Weekly 
News  Letter,  7;  Salary,  8-10;  Court 
of  Exchequer,  9;  Letter  to  London 
Board  of  Trade,  12,  13,  14,  15;  Letter 
from  Lewis  Morris,  15,  16,  17,  19,  20; 
Deed  from  Mohawk  Indians,  21; 
Quaker  Votes,  21;  Political  parties, 
22,  23,  26,  28,  29,  30,  31,  32,  34;  Let- 
ter to  London  Board  of  Trade,  34,  35, 

37. 38. 39. 41. 42. 44. 46. 48. 49.  52.  53. 
54,  56,  57;  Trial  of  Zenger,  60-125,  61, 
62;  Information  to  the  Court,  63-68, 
73.  74.  76,  77,  78,  86,  105, 
117,  118,  124,  125,  131,  145,  146, 
147,  148,  154;  Commission  for  the 
Government  of  New  York,  155,  178, 
181,  185,  186,  187,  194,  204,  205 
Court  of  Exchequer    ....  9,  28,  49 

D 

''Damon  and  Alexis"  151 

"Danger  of  forgetting  God"  .  .  .  .152 
"Dangers  of  Schisms  and  Contentions"  161 

"Defense  of  a  Sermon,"  etc  158 

DeLancet,  Etienne  11 

DeLancey,  James,  ii;  Commissioned 
Chief  Justice,  16,  22;  On  libels,  33,  34, 
39, 40, 47, 48 ;  Disbarment  of  Alexand- 
er and  Smith,  49-51 ;  Complaint  of  Alex- 
ander and  Smith,  52-56  ;  Information 
to  the  court,  63-68,  70,  81,  82,  87,  88, 
92,  93;  Charge  to  the  Jury,  124-125, 
126;  "Charge  to  the  Grand  Jury," 
139;  "Observations  on  the  Charge," 
149,  173;  Information  to  the  Grand 
Jury,  173-175,  176,  178,  181,  182, 
184,  185,  186,  188,  189,  190,  191, 


PAGE 

192,  193  ;  Information  to  the  Court 
(Reprint),   194-197,    199  207,  208, 
212,213,216,  217,  218;  Charge  to  the 


Jury  (Reprint)  240-241 

DePeyster,  Abraham  245 

DePeyster,  Ann  35 

Dickinson,  Jonathan  140,  153,  158,  161 
Dunbar,  Jeremiah,  45,  181 

E 

"  Espousals,"  etc   152 

"Eleutherius  Enervatus,"  etc   146 

Evening  Post   128 

F 

"Farther  proceedings  in  the  Case  of  Rip 

Van  Dam"  147 

Fearn,  William  18,  19 

Fell,  Christopher  .  .  .  242,  243,  244 
Ferrers,  Robert  DE  .    .    .    .82,    83,  208 

Fletcher,  Governor  22 

Foster,  William  22 

Fred,  John  242,  243 

Freeman,  Bernardus  139 

Frilinghuisen,  Theodorus  J.  .  137,  140 
Fuller's  Case  86,  211 

G 

Garden,  Alexander    .    .    162,  164,  165 

Garretson,  Mr  176,  177 

"Geestelyk  died,"  etc   163 

"Geheime  unt  offentliche  ansprache," 

etc   168 

"Gertouwe  Herder-en  Wachter-stem," 

etc   140 

GoELET,  Jacob  161,  163,  165 

Goelet,  John,  62,  193 

Graham,  Isabella   11 

Graham,  James   II 

H 

Haeghoort,  Gerard  160 


Hales,   Sir    Edward,   103,  104,  123, 

224,  225,  240 

Hamilton,  Andrew,  portrait,  facing 
ritle-page,  57,  58,  59,  62,  63;  De- 
fence,69-i25;  Dinner  to  Hamilton,  126; 
Freedom  of  the  Corporation,  126-127; 
Letter  from  Hamilton,  127;  Letter 
from  Zenger,  132;  Defence  of  Zenger, 
198-241 ;  Freedom  of  the  Corporation, 

242-245 

Hamilton,  John  35 


272 


INDEX 


Harison,  Francis,  22,   28,   29,  31, 

35.  36.  37.  44f  46.  HS.  H9.  'S«> 

176,  178,  179,  181 
"Heads  of  Articles  of  Complaint"  .  .151 
"Heerlykheit  der  Genade,"  etc.  .  .  .141 
HiLDEBURN,  Charles  R.,  ii,  138,  139, 

153,  165,  167 

HiLDRETH,  Benjamin  62,  193 

Holmes,  Stanley  62,  193 

Holt,  Chief  Justice,  80,   86,  87, 

124,  207,  212,  241 

HORSEMANDEN,   DaNIEL,    i6,     22,  I76, 

178,  181,  242,  245 
Howell,  B.  T.,  "Collectioii  of  State 

Trials,"  254 

Hunt,  Thomas  .  .  .62,  125,  193,  241 
Hunter,  Governor  Robert  22,  28,  32 
Hurley,  Governor  32 


"Intercession,  Every  Christian's  Duty"  161 
"Interest  of  the   Country  in  laying 
Duties"  138 


Jackson,  James  151 

Jefferies,  Judge  85,211 

Jenkin,  Griffin  166,  167 

Johnson,  Samuel  142,  147 

Johnson,  Simon  .  38,  242,  243,  244,  245 
Jury,  List  of  62,  193 


Keimer, Samuel.  Caribbeana  .  .  .  254 
Kennedy,   Archibald,   22,  176,  178,  181 

Keteltas,  Abraham  62,  193 

"Keten  der  Gcddelyke  Waarheden," 

etc  159 

KiNSET,  John  57 

"Klagte  van  eenige  Leeden,"  etc.    .    .  137 

KooK,  John  George  129 

"Korte  Handleiding,"  etc  163 

"Korte  Schets  en  Ontwerp,"  etc.  .    .    .  141 


Lane,  Mathias   .    .    .  129,  176,  178,  181 

Lawrence,  Capt.  Peter  164 

"Leersam  ondersoek  der  Waarheid," 

etc  165 

LeRoux,  Charles  242,  243 

Letters:  James  Alexander  to  Colden,  6; 
to  Hamilton,  127;  to  Hunter,  28;  to 
Livingston,  23;  to  London,  24;  to 
Morris,  35;  Cosby  to  Van  Dam,6;Kin- 
sey  to  Alexander  and  Smith,  57;  V. 


Matthews  to  Alexander,  24:  Morris  to 
Alexander,  57;  to  Cosby,  15;  Van 

Dam  to  Cosby,   ......    16,  17 

"Letter  from  a  Gentleman  in  the  Coun- 
try," etc  145 

"  Letter  from  a  Gentleman  in  New 

York,"  etc   147 

"Letter  from  James  Jackson,"  etc.  .    .  151 

"Letter  from  Capt.  Peter  Lawrence," 

etc   164 

"Letter  from  a  Minister"   147 

"Letter  from  Van  Dam  to  the  General 

Assembly"   154 

Letter  to  the  New  York  Weekly  Journal 

37.  38 

"Letter  to  one  of  the  Members  of  the 

General  Assembly"   154 

"Letter  to  a  Parishioner,"  etc.     .    .    .  142 

"Letter  to  Adolph  Phihpse  "  ....  139 
"Letter  to  Mr.  Vesey  and  Subalterns," 

etc   145 

"Letter  to  Mr.  Zenger"   150 

Livingston,  Philip,  23,  176,  177,  178,  181 

London  Board  of  Trade  ....    12,  34 

LuRTiNG,  Robert   ....   35,   42,  178 

Lyne,  James  50 

Lynssen,  Anneke,   129 

M 

Man,  Edward  62,  193 

Marschalk,  Andries    ....   62,  193 

Marsh,  Queen  18,  19 

Mathews,  Vincent  23,  24 

Maulin,  Anna  Catharina  27 

"Maxima  libertatis  custodia  est,"  etc.  143 

Mills,  James  5 

Mohawk  Indians  21 

Montanye,  Brachy  129 

Montgomerie,  Governor  John    .    5,  13 

Moore,  Sir  H  23 

More,  John  38,  242 

Morris,  Fred     .   46,  177,  178,  182,  187 
Morris,  Lewis,  8,  10,  11,  14;  Removal 
from  office,  15;  Letter  to  Cosby,  15, 
21,  23;  Portrait,  28,  29;  Interview  with 
magician,  31-32,  34;  Letter  from  Alex- 
ander, 35-36,  60,  63,  126;  "Opinion 
and  Argument  of  Chief  Justice,"  etc., 
148;  "Speech  of  his  excellency,  Lewis 
Morris,  i6o;"  "To    his  excellency, 
Lewis  Morris"    ....       .  162,  184 

Morris,  Lewis,  Jr.    .    .    .    23,    29,  57 

Morris,  Gouverneur  .    .        ...  131 

Morris,  Richard      ...       ...  10 

Murray,  Joseph    ....       .    23,  37 

Myer,  Edie   ...  38 


JOHN  PETER  ZENGER 


N 


"Necessarius.  Sermon  preached  at  Fun- 
eral of  Davenport"   142 

New  York  City,  Charter  of  ...  10,  152 
New  York  Weekly  Gazette,  25,   26,  30 

3'.  32.  35.  .36,  38 
New  York  Weekly  Journal,  Founding, 
28-29:  Censorship  of  Press,  29-30;  Ad- 
vertisement of  Spaniel  lost  and  re- 
turned, 31-32;  Morris's  interview  with 
magician,  31-32;  Thursday  Journals, 
33,  34;  Letter  to  the  Journal,  37-38; 
Order  to  bum  Journals,  38-43,  176- 
179;  Reward  for  author  of  Songs,  42- 
43;  Protest  against  the  order  to  burn 
Journals,  43;  Journals  burned  by 
negro,  45,  18 1 ;  Zenger  arrested,  45, 
182;  To  patrons  from  prison,  46-47; 
Alexander  and  Smith's  complaint, 
52-55,  60,61 ;  the  Jury,  62;  Information 
to  the  Jury,  63-68;  Facsimile  of  first 
page  of  Journal,  64;  Defense,  69-125; 
Acquictal,  125,  127,  128,  129;  Bibliog- 
raphy, 149,  151,  153,  156,  159,  161, 
162,  164,  165,  166,  167,  168,  169, 

170;  List  of  Issues  259-267 

Nicholson,  Governor  ....  115,  233 

NoRRis,  Capt  58,  126 

Northampton,  John  de,  82,  84,  208,  209 
"Noion's  Observations  upon  Campbell's 

Vindication"  143 

"Nullum  tempus,"  etc  144 


O 


"Observations  on  the  Charge  to  the 
Grand  Jury"  149 

"Observations  on  the  Reasons  given  by 
Mr.  Hamilton's  Advisers"    ....  156 

"Observations  upon  Campbell's  Vindica- 
tion"  143 

"Opinion  and  Argument  of  the  Chief 
Justice"  148 


Patent  for  the  Oblong   142 

Pemberton,  E   152 

Philipse,  Frederick,      ii,    16,  22, 
40,   48,    50,    53,    54,  186,  188, 

189,  190,  191,  192 

Powell,  Justice    ....   84,   85,  210 

Princeton  College   12 

"Proceedings  of  Rip  Van  Dam,"  etc.    .  146 

"Protestation,"  by  Alex.  Campbell  .    .  148 


Quaker  Vote  21 

"Querists,"  etc  162 

QUINBY,  JOSIAH  163 

R 

Ravensworth,  Adam  de  .  .  .  82,  208 
Remarks  on  the  Trial  of  Zenger,  249,  251 
"Remarks  upon  a  Discourse,"  etc.  .  .  140 
Richards,  Paul  ....  242,  243,  245 
"Ridentum  dicere  verum  Quid  velat.^"  .  150 

Romopock  to  Purchasers  166 

RooME,  William  ....  242,  243,  245 
Rutgers,  Hermanus  62,  193 


Sacheverell,  Dr.Henry,  44,  76,  180,  203 

"Samenspraak,"  etc  138 

Sawyer,  Sir  Robert  84,  210 

Scot,  Sir  William  82,  208 

Seaford,  The  Ship  18,  19 

Sermons  by  Alexander  Garden  ....  164 
"Sermon  preach 'd  at  Philadelphia"  .  .  152 
"Short  Direction  for  an  Unregenerate 

Sinner"  161 

"Short  History  of  a  Long  Journey"  .    .  163 

Sharpas,  William  244,  245 

"Sir,  in  my  Former,"  etc  139 

Smith,  William,  .  12,  13,  16,  23, 
29»  34.  35.  36,  37>  48;  Disbar- 
ment, 49-51;  Complaint  to  the  As- 
sembly, 52-56;  57,  58,  60,  62;  "Argu- 
ment of  the  Council,"  145;  Complain^ 
to  the  General  Assembly,"  153;  Vindi- 
cation of  Alexander  and  Smith,"  148, 

149,  182,  186,  187,  188,  189,  190 
"Song  made  upon  the  Election,""  .  .  150 
"Speech  of  George  Clarke,"  June  16  .  158 
"Speech  of  George  Clarke,"  Sept.  2  .    .  158 

Spink,  William  18,  19 

"Spiritual  Journey  Temporahi'd,"  .    .  164 

Stouten  BURGH,  Peter  245 

Stuyvesant,  Gerardus  .    .    23,    38,  242 

Sydney,  John  144 

Symes,  John  43 


Tencate,  Jacob  156 

Tennent,  Gilbert  152 

Thomas,  Isaiah  129 

"To  F-H-Esq.,"  145 

"To  the  the  Author  of  those  Intelli- 
gencers"  145 


274 


INDEX 


PAGE 

"To  the  Honourable  Adolph  Philipse, 

Esq"  •  "39 

"To  the  Honourable  George  Clarke"  .  158 
"To  the  Reverend  Mr.  Vesey"  ....  145 
Trial,  The,  60-125;  Information  to  the 
Court,  63-68 ;  Defence,  74-1 25;  Acquit- 
tal, 125;  Reprint  of  first  edition,  171- 
246;  Bibliography,    ,    .    .    .    .  249-255 

"Trouwhertig  vertoog,"  etc  140 

"True  and  just  Vindication  of  Alex. 

Campbell"  143 

Trusdell,  William  149 

"Tsamenspraak,  Tusschen  Impetus,  Le- 

gitus  en  Teraperatus"  138 

Tutchin's  Papers,      80,  85,  124,  207, 

211,  212,  241 

V 

Van  Borsom,  Egbert    ....    62,  193 

Van  Courtlandt,  Anna  11 

Van  Dam,  Rip,  5,  6;  Letter  from  Cosby, 
6;  Salary  of  Cosby,  9;  Court  of  Ex- 
chequer, 9-10,  II ,  1 2 ;  Exceptions  to  the 
Court,  13-14;  Portrait,  16;  Letter  to 
Cosby's  representative,  16,  17;  Affi- 
davits in  the  case,  18-19,  ^3'  3'  > 
DeLancey  on  libels,  33, 34, 37, 60;  Let- 
ter signed  by,  116;  "Argument  of  the 
Council  for  Van  Dam,"  145;  Broadside 
on  Death  of  Cosby,  154;  "To  all  whom 
these  Presents,"  etc.  154;  "Farther 
proceedings  concerning  the  Case," 
etc.,  147;  "Heads  of  Articles  of  Com- 
plaint," etc.,  151;  "Letter  to  the  As- 
sembly," etc.,  154;  "Proceedings  of 


VanDam,"etc   146 

Vanderspeigel,  Sara   5 

Van  Driessen,  Petrus  ....  138,  141 

Vanema,  Pieter     ....    28,  141,  142 

"Vanity  of  Human  Institutions,"  etc.  .  153 
Van  Santvoord,  Cornelius  .    .    .  .138 

Vas,  Petrus   141 

"Verdeediging"   139 

"Veset,  Mr.  and  his  Subalterns"    .    .  145 

"Vincit  amor  patriae"   144 

"Vindication  of  James  Alexander  and 

William  Smith"   148 


PAGE 

"Voorbidding    een    eider    Christen 's 


Plicht','etc  163 

Votes  and  Proceedings,  1737  .  .  .  .157 
Votes  and  Proceedings,  1738  .  .  .  .159 
Votes  and  Proceedings  of  New  Jersey, 

1738  160 

W 

''Waarschouwing  tegen  zeker  boekje," 

etc  156 

Waldron,  Johannes   .    .    .  242,  243,  245 

Walter,  John  242,  243,  245 

Warrell,  Mr  182 

Weaver,  Samuel  62,  193 

Wendover,  Hercules  ....  62,  193 
Whitefield,  Rev.  George,  161,  162, 

163,  165 

Word  in  Season  156 

Z 

Zenger,  Anna  Catharina  .  .  .  26,  129 
Zenger,  Catherine     .  129,  166,  167,  240 

Zenger,  Elizabeth  129 

Zenger,  Johanna  26 

Zenger,  Johannes  26,  129 

Zenger,  John  27,  129,  130,  141,  166, 

169,  170 


Zenger,  John  Peter,  4, 10, 11,  i2;eariy 
life,  26-28;  founding  of  Journal,  28-30; 
Thursday  Journals,  33;  37;  Journals 
to  be  burnt,  38,  178,  179;  Journals 
burnt,  45,  181;  arrest,  43-46,  182,  183; 
Power  of  Attorney  signed  by,  46;  To 
patrons  from  gaol,  46;  bail,  47-48,  50, 
52-54,  56-58,  60,  61 ;  the  Jury,  62,  63, 
192,  193;  the  Information,  63-68, 193- 
197;  Defence,  69-125,  198-241 ;  Acquit- 
tal, 125,  241 ;  127,  128,  Notice  of  death 
in  Evening  Post,  128-129,  131;  Letter 
to  Hamilton,  132;  Facsimile  of  title- 
page  of  "Klagte,"  136;  Facsimile  of 
title-page  of  Charter  of  New  York  City, 
152;  Reprint  of  first  edition  of  Trial, 
171-246;  Facsimile  of  first  page  of  Brief 
Narrative,  246;  Bibhography  of  Trial, 
249-255;  Bibliography  of  the  Issues  of 
the  Zenger  Press   137-170 

Zenger,  Pieter  129 


275 


I 


CURTISS 


